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(영문) 수원지방법원 2017.10.26 2017고정2083
점유이탈물횡령
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 27, 2014, the Defendant: (a) on May 27, 2014, loaded a truck owned by the Defendant, which was parked on the road in front of the land market located on the 19th-ro, Suwon-si, Suwon-si, and whose name cannot be known, acquired one LG G2 at the market price equivalent to KRW 700,000, the ownership of which was lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each internal investigation report and investigation report (data, etc. on connection with lost mobile phone terminal devices with chips);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 360 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of punishment: Selection of a fine;

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;

1. Article 333 (1) of the Return Criminal Procedure Act;

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