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(영문) 인천지방법원 부천지원 2016.12.16 2016고정1428
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

1. At around 03:00 on September 9, 2016, the Defendant found one cell phone of galthopt 2 mobile phones lost by the victim C on the front side of the Nowon-gu Seoul Special Metropolitan City.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On September 15, 2016, the Defendant, around 03:00, found one gallon gallon 7 mobile phones lost by the victim E on the front side of the Nowon-gu, Seoul Special Metropolitan City.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of C’s written laws and regulations

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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