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(영문) 부산지방법원 2014.01.06 2013고정4822
점유이탈물횡령
Text

Defendant

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

Defendant

The sentence for B shall be suspended.

Defendant

A above.

Reasons

Punishment of the crime

1. On May 2, 2013, at around 13:46, Defendant A found one bank, including 354,000 won in cash, resident registration certificates, resident registration certificates, certificate of seal impression, five credit cards, five passbooks, and five passbooks, which are owned by the victim C, on a platform in the flood area of the water area in the Busan subway Station.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On May 2, 2013, Defendant B acquired cash of KRW 180,000,00 from the victim C, which he acquired on the road near the Busan subway Station, with knowledge that it was stolen.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Application of CCTV Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

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

1. Defendant B to suspend the sentence: Fines of 200,000 won;

1. Detention in a workhouse;

(a) Defendant A: Articles 70 and 69(2) of the Criminal Act

(b) Defendant B: Articles 70 and 69(2) of the Criminal Act (Conversion of KRW 50,000 per day);

1. Defendant B of suspended sentence: Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act provides that there is no particular criminal history against the Defendant; the amount acquired by the Defendant through the instant crime is relatively small; the victim seeks the preference against the Defendant by mutual consent with the victim; and

1. Defendant A of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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