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(영문) 서울서부지방법원 2018.09.12 2018고단2627
점유이탈물횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2017, around 23:00, the Defendant written indictment at the street in front of the exit room No. 9 in Mapo-gu Seoul Mapo-gu, Mapo-gu, Seoul, Mapo-gu, 23:00 on the front of the apartment complex on July 10, 2017. However, according to the Defendant and the victim’s statement, the Defendant’s statement appears to be “a clerical error” on the street before the exit No. 9 in Mapo-gu, Seoul Mapo-gu, Seoul, Mapo-gu, Mapo-gu, Mapo-gu, 23:00 on October 9, 2017.

The victim B acquired one cell phone (LG-620K) equivalent to 316,800 K of the market value of the lost victim B.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

2. On July 27, 2018, at around 00:30 on July 27, 2018, the Defendant acquired 10,000 won and 50,000 won of S7 mobile phones when the victim E loses a market value equivalent to one million won in front of the Seoul Mapo-gu shopping district.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. B written statements;

1. Police seizure records and list of seizure;

1. Investigation report (to hear and report statements from a victim's telephone);

1. The application of Acts and subordinate statutes to the investigation report (related to the confirmation of the owner of a mobile phone owned by the person who is accused);

1. Article 360 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that his/her mistake is against himself/herself, the fact that the two cost of the damaged mobile phone was returned to victims and certain damage was recovered, and there was no record of punishment except for a fine once.

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