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(영문) 서울남부지방법원 2017.10.27 2017고정833
점유이탈물횡령등
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

1. On September 5, 2016, the Defendant found one of the smart keyss to the vehicle, which was owned by a person whose name was lost in the victim’s name, at the nearby route in Gangseo-gu Seoul Metropolitan Government “C Party Funeral” located in Gangseo-gu, Gangseo-gu.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. Larceny;

A. On September 5, 2016, the Defendant opened a door of the victim E owned by the victim E who was not corrected at the Gangseo-gu Seoul Metropolitan Government D Underground Parking Lot and was in the vehicle.

14 Chapters 14,00 won (14,00 won), one hump cuter in the market value, one hump cuter in the market, and one hump in the market value.

B. On September 5, 2016, around 02:40, the Defendant: (a) opened a gate of a vehicle (I) owned by the victim H that was not corrected in front of Gangseo-gu Seoul Metropolitan City, Gangseo-gu; and (b) cut off the number of cars located in the vehicle, which is equivalent to KRW 40,000,000,000,000,000 for male use; (c) one car for male use; (d) one car for hand, the market price of which is equivalent to KRW 3,000,000,000,000 foot; (d) five (2,500,000, KRW 50,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the respective laws and regulations of E and J;

1. Relevant Article 360 of the Criminal Act concerning the crime, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 329 of the Criminal Act, and the selection of fines, respectively;

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

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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