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(영문) 수원지방법원 성남지원 2015.01.22 2014고정1617
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. From August 13, 2013, around 02:00 to 03:00, the Defendant: (a) discovered that the victim D was under the influence of alcohol on the roads of “C” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; and (b) discovered that the victim D was under the influence of alcohol; and (c) took part in the surrounding areas; and (d) stolen the victim with a wall containing KRW 200,000,000 in cash, card, and identification card.

2. Embezzlements of lost possession;

A. At around 01:00 on August 16, 2013, the Defendant discovered that the amount equivalent to KRW 800,000,000 of the market price of Samsung Samsung mobile phone owned by the victim is far away from the lower end of the 3499, Seongbuk-gu, Sungnam-dong, Sungnam-dong, Sungnam-dong, and then embezzled, without following necessary procedures such as returning it to the victim.

B. Around August 2013, at a place where it is impossible to find out whether the Defendant was located in Sungnam-dong, Sungnam-gu, Sungnam-gu, 2013, the Defendant found one driver’s license, which was satisf in the bank, and found the victim F, but did not follow necessary procedures, such as returning the driver’s license to the victim, and embezzled the victim’s thought that he/she had.

C. Around May 2013, the Defendant, within a public playground located in Seongbuk-gu, Sungnam-dong, Sungnam-gu, Sungnam-gu, and discovered a lost e-mail transportation card by the victim G, but he did not follow necessary procedures, such as returning it to the victim, and embezzled him.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement made to D, E, F, and H;

1. Records of seizure, the list of seizure, and evidence and photographs;

1. Application of Acts and subordinate statutes to CCTV image data;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles), and the choice of fines;

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

1. The detention at a workhouse is part of the old Criminal Act No. 12575, May 14, 2014.

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