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(영문) 서울중앙지방법원 2013.04.29 2013고정1265
점유이탈물횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 4,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A around December 9, 2012, Defendant A acquired a gallon jusular phone around the market price of the victim’s possession, which the victim D left in his/her taxi for business use, located in his/her department store near Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. In addition, Defendant A acquired a gallon jusular phone around the market price.

Defendant

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

Defendant

In full view of A’s act, Defendant A embezzled the property that was separated from the possession of the victim.

2. Defendant B, around 20:00 on December 20, 2012, at the front of the gallony road in Eunpyeong-gu Seoul, Seoul, Defendant B, while running a taxi, was delivered by Defendant A with a view to selling the gallonular phone in lieu of the victim D-owned market price.

Defendant

B knew of the fact that the above mobile phone was stolen, around December 21, 2012, around 03:45, the above mobile phone was sold to E in KRW 30,000.

Defendant

In full view of the acts B, Defendant B arranged for the transfer of stolen property.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each protocol of suspect examination prepared by prosecutors (E);

1. Statement (D);

1. Each investigation report (to attach documentary evidence of the suspect, photographs of the suspect, and photographs of damaged articles);

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

1. Relevant Articles and choice of punishment on the facts constituting the crime;

(a) Defendant A: Article 360(1) of the Criminal Act (Selection of Fine);

B. Defendant B: Article 362(2) and (1) of the Criminal Act (Selection of Fine)

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The judgment below is delivered with the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act on the following grounds: (a) the method and attitude of the Defendants for sentencing; (b) the profits they acquired; (c) the Defendants’ family relationship and property status; and (d)

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