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(영문) 서울중앙지방법원 2016.11.23 2016고정2438
점유이탈물횡령등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 2016, the Defendant: (a) found one of the youth satise cards of the victim’s name-unsatise on the floor of the Kanancheon-gu Incheon Nam-gu Wandong-gu 642, Nam-gu, Incheon, and then embezzled possession-dissatise without due process, such as returning it to the victim or reporting it to the near police stations and service personnel; and (b) embezzled possession-dissatise.

2. From May 12, 2016 to June 2, 2016, the Defendant, using computers, etc., obtained from the above 1.1., obtained property benefits by unlawful means, without legitimate authority, from a total of 24 occasions, from a total of 12,050 won of juvenile fees and adult fees.

Summary of Evidence

1. Records of seizure, list of seized articles, and list of seized articles;

1. An explanatory note;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (verification of the balance of seized articles);

1. Relevant Articles of the Criminal Act and Articles 360 (1) and 347-2 of the Criminal Act, the choice of a fine for the crime, the choice of a penalty, and the choice of a fine for negligence;

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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