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(영문) 서울남부지방법원 2016.05.13 2016고정429
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a taxi engineer belonging to filial traffic.

A. From around 01:10 on April 18, 2015 to around 02:26, the Defendant: (a) acquired a copy of LG pro-2 smartphone in an amount equivalent to KRW 900,000,00, the market price of which is owned by the victim in the above vehicle while continuing to be operated after getting off before and after getting out of Seoul Eunpyeong-gu, the Defendant: (b) had the victim C (3) on a new passenger taxi operated by the Defendant at the entrance of the Roman distance in Eunpyeong-gu Seoul Metropolitan Government; and (c) had the victim C (41) on a taxi for business use; and (d) had been in operation after getting out before and after getting out of Seoul Eunpyeong-gu, the Defendant acquired a copy of the Ko pro-2 smartphone in an amount equivalent to KRW 9,00,000

Defendant 1 did not follow the necessary procedures such as returning the victim’s property acquired as above to the victim and embezzled the victim’s idea.

B. On April 18, 2015, the Defendant in violation of the Act on Specialized Credit Financial Business (hereinafter “FFFF”) approved KRW 31,960 as taxi charges using a national bank body card, which is owned by the victim C (31 years old), owned by the victim C (41 years old) at the taxi card terminal operated by the Defendant at FFF B (State) B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to record the details of approval of a national bank card for the submission of victims, tracking of the location of the stolen LG mobile phone by the victim, and tracking of the location of the victim with 3 mobile phones in lusing thallonies by the victim;

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of items departing from possession), Article 70 (1) 3 (the use of lost credit card), and Article 70 (1) 3 (the use of lost credit card), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 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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