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(영문) 서울남부지방법원 2021.01.22 2020고정1743
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 16, 2020, around 15:28, the Defendant acquired one 100,000 won of the market price, including the victim C (the remaining, the 33 years old) and the victim C (the 11st anniversary old), the driver's license, the physical card 2 (new, the citizen), the Onnuri gift certificate 1, and the paper 1 for the moto, and carried out cash only the remainder of the goods other than cash, Onnuri gift certificates, and the moto.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant asserts to the effect that there was no intention to obtain unlawful acquisition, since he did not confirm the contents of the above wall, nor did he did not bring cash in the above wall. The defendant knew that he did not intend to obtain unlawful acquisition, since he had any intention to obtain unlawful acquisition, he did not intend to discover the wall that was far away from the amusement room on the 11th floor of B building B around 15:28, but he attempted to find the main body and find the main body.

The following circumstances acknowledged by the evidence duly adopted and examined by this court: ① The victim stated in this court that “The amount of cash located within the wall is not accurately memoryed, but the victim received 5,000 won roton KRW 5,00 prior to the date of the loss of the wall, 1,000, 1,000, 1,000 roton, 2,000 roton, 2,000 roton, and 1,000 roton when it was confirmed immediately after the wall was returned.” On the day of the loss of the wall, the victim stated to the effect that “the victim did not stick to the original location of the wall 8-10,000 roton, 1,000 won roton, 78,000 won roton,” and that “the victim did not stick to the investigation agency on the day of the loss of the wall.”

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