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(영문) 부산지방법원 2014.10.29 2014고정2786
점유이탈물횡령
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 2013, the Defendant embezzled 90,000,000 won of the victim’s market value of 80,000,000 won owned by the victim C in Busan-dong, Busan-dong-dong-dong-dong-dong-dong-gu, and embezzled her own idea, and he embezzled her on May 23, 2013, even though she acquired 90,000,00 won of Samsung Galthos 3 smartphone, which was lost by the victim E from stairs, from around 23:0, 2013, the Defendant did not take necessary procedures such as returning it to the victim. On September 10, 2013, around 10:0, the Busan-dong Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-based her own embezzlement of Samsungland of 450,000 won owned by the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement to E, F, and C;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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