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(영문) 서울서부지방법원 2017.01.06 2016고정1469
점유이탈물횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 13, 2016, at around 17:00, the Defendant embezzled the Defendant’s thought that he had, without following necessary procedures, he did not take the necessary procedures, such as taking the LG G4 mobilephone (market price equivalent to 900,000 won) lost by the victim B from the male toilet at the Han River site of 139 jun-ro, Gwangjin-gu, Seoul Special Metropolitan City.

2. On June 18, 2016, at around 17:30, the Defendant embezzled the Defendant’s thought to have on his own, without following necessary procedures such as returning the victim’s cell phone in Soviet 6 S6 when the victim C was lost from a 246 Dowon-dong, Jung-gu, Incheon Metropolitan City’s dedicated stadium male toilet, Incheon, the Dowon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

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

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense;

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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