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(영문) 서울북부지방법원 2016.10.07 2016고정1359
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a taxi engineer who drives a taxi for business purpose of D belonging to C.

On April 1, 2016, the Defendant, around 23:30, obtained 111 mobile phones in Eunpyeong-gu Seoul, Eunpyeong-gu 111 (Saam-dong) from the victim E (the 46 years of age) who is a taxi passenger in the street front of the E-Maart, and the market price of 900,000 won, which was set up on the back seat of the taxi.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled that he/she would have in mind.

Summary of Evidence

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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

1. Articles 70 (1) 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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