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(영문) 대구지방법원 서부지원 2013.11.06 2013고정1276
점유이탈물횡령
Text

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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 2012, the Defendant acquired 400,000 won of the market value of the victim B, which is stolen, from the side of the public telephone in the area of the racing station located in the Sung-dong, Sung-dong, Kim Jong-dong.

The Defendant did not follow necessary procedures, such as returning the goods acquired as above to the victim, and disposed of the goods to E in the same city C around that time.

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. B written statements;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Articles 70 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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