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(영문) 대구지방법원 2016.09.07 2016고정1153
점유이탈물횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 11, 2016, at around 09:28, the Defendant acquired one flazed flazed (one cash 300,000 won, two eck card 2, and two identification cards) with the market price of 250,000,000 won, when the victim C fell from the vehicle in the Daegu Suwon-gu B B B B lending parking lot.

The Defendant did not follow necessary procedures such as returning the acquired property to the victim, and embezzled the property that left possession with the intention of acquiring it.

Summary of Evidence

1. Part of the defendant's legal statement;

1. C’s statement;

1. A report on internal investigation, a field photograph, a CCTV image-cape, a report on internal investigation (the result of the analysis of CCTV for crime prevention), a map around the scene of occurrence, and a CCTV photograph for crime prevention;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (All circumstances such as the fact that the defendant has no previous conviction, the fact that all damaged articles were returned, the circumstances of the case, the degree of profits of the defendant, etc.);

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