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(영문) 서울동부지방법원 2021.03.17 2021고정10
점유이탈물횡령
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

On October 14, 2020, around 23:28, 2020, the Defendant acquired the victim D (39 tax)’s cash loss amounting to KRW 4.50,000,000, in front of the “C” located in Songpa-gu Seoul, Songpa-gu, Seoul, and the Defendant acquired the victim D (39 tax)’s cash loss amounting to KRW 4.50,00,000, 2, 3, and 1,

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. Application of Acts and subordinate statutes to report internal investigation (verification of the commission of a crime) to D’s legal statement (a statement that a person obtained a wall containing money and left it without acquiring the money) by the police on D;

1. Article 360 (1) of the Criminal Act and Article 360 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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