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(영문) 서울중앙지방법원 2018.11.12 2018고단3215 (1)
점유이탈물횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2017, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny at the Seoul Central District Court on August 24, 2017, and the said judgment became final and conclusive on September 1, 2017.

On April 2017, the Defendant acquired a driver’s license lost by the victim C and did not take necessary measures, such as returning it to the victim even though he/she acquired one copy of the driver’s license lost by the victim C, and embezzled each by the same method, such as the physical card, etc. lost by the victims over 10 times from January 2017 to June 2017, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, D, E, and F;

1. A protocol of seizure and a list of seizure;

1. Photographs of driver's license, each physical card and photograph;

1. Each report on investigation;

1. Previous convictions in judgment: (A) a statement of inquiry about criminal history, report on investigation (verification of concurrent relations after Article 37 of the Criminal Act), application of Acts and subordinate statutes of 3 copies of written judgment;

1. Article 360 (1) of the Criminal Act and the choice of punishment for the crime, Articles 360 and 360 of the Criminal Act and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order is that the defendant committed a crime repeatedly over a considerable period of time, and the defendant did not use credit cards, etc. acquired by each crime, and thus there was no particular damage other than loss of the damaged goods, and the damaged goods were seized or returned, the defendant recognized the mistake, and the defendant seems to have been trying to liquidate and restore old-age life at present, and some victims do not want the punishment of the defendant and each of the of the of the of the of the of the of the crimes of this case is similar to the larceny for which the judgment became final and conclusive.

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