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(영문) 서울중앙지방법원 2013.11.28 2013고정5758
점유이탈물횡령
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 10, 2013, at around 20:20, the Defendant: (a) did not take necessary procedures, such as acquiring the paper bags containing one from the victim’s own LGYON mobile phone; (b) one resident registration certificate; and (c) one from the card; and (d) returned it to the victim; (b) did not take any necessary procedures, such as returning it to the victim.

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

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning B;

1. Photographs of seized articles;

1. A report on damage;

1. A report on investigation (specific cases as suspects);

1. Investigation reports (unclaimed goods);

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Articles 70 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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