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(영문) 인천지방법원 2015.05.29 2015고정334
횡령
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 15, 2014, the Defendant, at around 15:00, was playing at his own residence, in the Nam-gu Incheon Metropolitan City B lending 704, and the victim C (18 years of age, women-friendly job offers) was 70,000 cashier's checks issued by the National Bank, 30,000 won in cash, resident registration certificates, corporate bank check cards, etc., and returned to the Defendant, who may promptly discover and keep them.

However, around that time, the victim knew that he was lost of the wall, and asked the defendant by telephone whether "the victim was unable to see the wall," and embezzled cash of 30,000 won and 100,000 won of the check in the face of the victim without returning to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of the receipt of report on loss, fingerprinting, verification, appraisal, and on-site photographing statutes;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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