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(영문) 서울중앙지방법원 2013.07.30 2013고단1774
점유이탈물횡령
Text

Defendant

A and Defendant B shall be punished by imprisonment for six months, and Defendant C shall be punished by imprisonment for eight months.

However, Defendant A, Defendant A.

Reasons

Punishment of the crime

1. Defendant A’s crime (Embezzlement of possessory articles);

A. On October 1, 2012, the Defendant, around 02:00 on the lower day on October 2012, at around 02:0, found one of the U.S. Samsung Galthalian smartphones on the market price, when the victim in the name is placed on the back of the said taxi, within a G-type taxi operated by the Defendant near the subway 2 Station of the subway Station in Gangnam-gu, Seoul.

B. On November 201, 2012, around 01:00 on the first day, the Defendant found one smartphone 4 smartphone in the U.S. at the market price, where the victim in the name was placed in the said taxi seat, operated by the Defendant near the I hotel located in Gangnam-gu Seoul Metropolitan Government.

C. At around 22:00 on November 25, 2012, the Defendant, within the said taxi operated by the Defendant near the Hyundai apartment located in Gangdong-dong, Gangdong-gu, Seoul, the victim J acquired one of the Samsungggal lusularphones equivalent to KRW 500,00,000 at the market price of the said taxi located in the lower seat of the said taxi.

At around 24:00 on December 10, 2012, the Defendant acquired a copy of Samsung Gallon 2 smartphone, a new credit card, and a security card in an amount equivalent to KRW 1,089,00,000, which the victim K was placed in the head of the above taxi, within the above taxi operated by the Defendant near the subway station located in the subway station located in Seongbuk-gu, Seonam-si, Seonam-si.

As above, the Defendant did not take necessary procedures such as returning the goods acquired four times in total, and embezzled the said goods on the Defendant’s mind.

2. Defendant B’s crime [thief]

A. On December 5, 2012, around 14:00, the Defendant discovered one unit of Samsung Galloneno 2 smartphone in the market price and stolen it thereafter at the red control point of the new bank located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 173-16.

B. The Defendant, around 05:00 on December 13, 2012, at the head office of “M” located in Gwanak-gu, Seoul Special Metropolitan City L, to be his/her employees, left away.

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