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(영문) 서울서부지방법원 2013.11.27 2013고단2736
점유이탈물횡령
Text

1. Defendant A shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by imprisonment for one year.

2. Defendant A shall be subject to the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. At first 04:00 on July 2013, the Defendant, while cleaning a taxi operated by the Defendant by the Defendant in Eunpyeong-gu Seoul at around 04:0, the Defendant acquired one gallon 1 smartphone (Ga) at the market price equivalent to KRW 900,000,000, the victim F lost.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

B. On September 1, 2013, around 00:00, the Defendant, while driving a taxi on the front of the pressure-driven station located in 668, Gangnam-gu, Seoul Metropolitan Government, the Defendant, at the lower seat of the taxi, found one of the white options in an amount equivalent to KRW 900,000,000 in the market value of the taxi owned by the victim H.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

2. Defendant B tried to purchase stolen cell phones using the inner name “scams” method, which sees the string of the taxi following the string of the taxi, which is passing by using a mobile light of the mobile phone, with the intention of purchasing stolen cell phones.

around 02:00 on October 10, 2013, the Defendant acquired stolen goods by purchasing KRW 30,000 of the price knowing that the 900,000 of the market price of the victim H owned by A, a taxi engineer, is the 1st cost of LG options cell phone (i.e., daily serial number):

In such a way, the Defendant acquired, respectively, the total sum of KRW 14.4 million between around 01:30 on September 21, 2013 and around 02:00 on October 10, 2013, in total, 16 times, as indicated in the annexed crime list.

Summary of Evidence

1. Defendants’ legal statement

1. Defendants:

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