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(영문) 수원지방법원 성남지원 2018.06.26 2018고정311
점유이탈물횡령
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 29, 2017, the Defendant obtained 300,000 won of the market price owned by the victim B from the first floor male toilet of the 1st century located in the 365 Sinnam-si, Sungnam-si, and did not take necessary measures, such as returning it to the victim, even though he/she obtained 300,000 won of the market price owned by the victim B from the 1st male toilet of the 365 Sinnam-si.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

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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