logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.03.27 2013고정546
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 3, 2012, the Defendant: (a) around 13:00 on September 3, 2012, he/she was unable to take part in the log of the first floor of C Driving Institute located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) the C Driving Institute’s enrollment certificate, driver’s license, cash 40,000 won; and (c) a verification card tag with credit cards.

The Defendant did not take necessary procedures such as returning the acquired property to the victim and embezzled it as he/she had on his/her own mind.

2. In order to change the course on which the victim’s enrollment certificate was written to the course he/she wants, the Defendant illegally held the private document by presenting the victim’s completion certificate to his/her own, at the same time and place as set forth in paragraph (1).

3. The Defendant’s unlawful uttering of official document was an unlawful uttering of official document by presenting the victim’s driver’s license under the name of the victim issued by the Seoul Commissioner of Seoul Police Agency, which was held by the person in charge of the registration of the above driving school, as if he were the Defendant’s driver’s license for the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to certified copies and driver's license copies;

1. Relevant Article 360(1) of the Criminal Act, the choice of punishment for the crime, Article 360(1) of the Criminal Act, Article 236 of the Criminal Act, Article 230 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

arrow