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(영문) 서울동부지방법원 2015.04.15 2015고정363
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 31, 2014, at around 20:00, the Defendant brought about a gallon 3 smartphone at the market value of KRW 1060,000,00,00 in front of the exit 298, Songpa-dong, Songpa-gu, Seoul, on the front side of the exit 298, and brought about a mobile phone at the victim’s market value of KRW 1060,000,00, and had contact with the victim in order to return to the victim, but he did not take necessary procedures, such as deletion of the above text and removal of the USIM chips to avoid tracking, and return it to the victim until December 8, 2014.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to evidential materials (explics of pononononons, Kakaotostofs);

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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