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(영문) 창원지방법원 통영지원 2018.02.06 2017고정370
점유이탈물횡령
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 14, 2017, at the entrance of the 16:00 Scam Scam, the Defendant, at around 18,00 Scam Scam, 1,60,000,000 won of the market price owned by the victim C, which is located at the entrance of the 18 Ecamcambio parking lot for the movable property of 18,00,000 won, did not take necessary procedures, such as acquiring one coconcam, one public abandonment equivalent to KRW 30,000,000,000,000,000 won, and returned to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographss and field photographs of damaged articles;

1. Application of the Acts and subordinate statutes to arrest and report cases and investigate them;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant alleged to the effect that he was aware of the fact that he was guilty of Article 59(1) of the suspended sentence and the reason for sentencing, but it is difficult to recognize such a change as it is still useful with the North Korea, etc., since the North Korea, etc. still has no reason to leave it, it is difficult to recognize it. The Defendant did not possess such things with respect to the police officer’s investigation after taking it.

In light of the fact that a false answer is made, the intention of illegal acquisition is also recognized.

However, considering the fact that there is no criminal history of the defendant, the defendant returns all damaged goods to the victim, and the place where the damaged goods were loaded was a place where garbage is discarded, the main sentence of suspended sentence is to be taken into account.

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