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(영문) 부산지방법원 2018.03.28 2017고정2554
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 27, 2017, the Defendant acquired 612 and 365,00,000 won in cash, which was lost by a victim C (V, 55 years old) who was on the platform of the BG subway station in Busan, Busan, and 612, and 365,000 won in cash, 150,000 won in a household room, and 70,000 won in the market price, and 365,000 won in cash, in a household room, around August 27, 2017, the Defendant acquired modern card 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, and 7,000 won in a household.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Articles 360(1) and 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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