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(영문) 수원지방법원 2018.10.12 2018고단3479
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 16, 2017, the Defendant acquired approximately 40-50,000,000 won in cash, one identification card, approximately 4-50,000,000 won in cash owned by the victim D, one head of Tong, 2 head of Tong, 300,0000,000,000,000,000,000 won in front of the city, where the victim D was lost, and one head of Tong, and two head of Tongs, and two head of Tongs, which are in fact in the city of the city, each one, in which the market is influenite, one smartphone, two seals, and one 200,000,000,000,000,000,000,000,000,000,000.

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. Statement by the defendant in court;

1. Entry of D in the protocol of interrogation of the suspect against the defendant in the prosecution and the partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (with respect to the analysis of CCTV images for currency and crime prevention with victims, the confirmation of CCTV for crime prevention, and the analysis of CCTV images against the contents of CCTV, the details of CCTV-related police officers' telephone conversations shall be applied);

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act that prescribes the choice of punishment, and the choice 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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