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(영문) 부산지방법원 2017.09.21 2017고정1439
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On March 21, 2017, the Defendant, at around 21:00, embezzled the Defendant’s thought to have, without taking necessary procedures such as returning it to the victim, he or she acquired a set of Samsung Gallon (S7 mobile phone) equivalent to KRW 840,00 at the market price of the Plaintiff, a passenger of B taxi operated by the Defendant, and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning D statements in the first interrogation protocol against the defendant during the police service.

1. Statement made by the police against C;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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