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(영문) 서울서부지방법원 2014.10.07 2014고정1669
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

At around 00:50 on January 15, 2013, B, at D main points located in Seodaemun-gu Seoul, Seodaemun-gu Seoul, left the main office employees to charge mobile phone ropes.

Defendant

At the main point of the driving, B demanded an employee to provide alcohol in order to find a cell phone ropes, but the employee who made a request for filling a mobile phone was found to have set off the victim E-owned mobile phone on the calculation unit of the carper by taking the cell phone owned by the victim E.

Accordingly, the Defendant refused to return the cell phone without justifiable grounds even though he received a request for return from the victim after he erroneously caused the cell phone which he left on the Kabter by mistake, between B and B requesting that the cell phone be returned.

As a result, the defendant embezzled about 1 million won of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes on CCTV screen pictures;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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