(영문) 인천지방법원 2016.04.29 2016노275 | 리걸엔진

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(영문) 인천지방법원 2016.04.29 2016노275

점유이탈물횡령

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a misunderstanding of facts, found the instant fingers for the purpose of finding the owner, and there was no cash claimed by the victim D in that manner, and the return was taken by putting them in a postal box as it is. As such, the Defendant had the intent to obtain unlawful acquisition from the Defendant.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the lower court: (i) the victim stated to the effect that there was KRW 345,000 in cash, which was paid as wages for the instant fingers at the time of loss from the investigative agency consistently; and (ii) the relevant evidence is consistent therewith; and (iii) the victim’s loss of the instant fingers and the time interval between the point of time when the Defendant acquired the instant fingers; and (iv) the third party’s acquisition of the instant fingers and deduction of only the cash within the said period.

In light of all the circumstances, such as the fact that it is difficult to give up the possibility of going back to the crime scene, ③ the victim was searched near the crime scene, and the Defendant was located, but the Defendant asked the victim to the effect that he did not have any deficit at the time, and that he left the place; ④ the Defendant reported to the district unit of the police station immediately adjacent to the crime scene immediately after the Defendant acquired the instant finger, and there was a relatively small distance at the crime scene and put the instant finger in the box. In light of all the circumstances, the Defendant had the intent to obtain illegal acquisition of the instant finger and cash in this case.

유사 판례

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