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(영문) 서울남부지방법원 2013.06.18 2013고단830
점유이탈물횡령
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On October 2012, the Defendant found one cell phone of a 4-phone mobile phone owned by a victim who was lost in his/her name in the front line of subway station Nos. 2 on the place of police officers.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On October 2012, the Defendant found one mobile phone on the unclaimed market price, where the victim was lost in his name in the front line of 460-26 new Dokdong-dong, Guro-gu, Seoul.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecution concerning B;

1. Article 360 (1) of the Criminal Act applicable to the crime (the choice of each imprisonment inasmuch as the crime is committed during the period of parole);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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