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수원지방법원 안양지원 2013.10.10 2013고정516
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 22, 2012, the Defendant was sentenced to 9 years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on February 22, 2012, and the said judgment became final and conclusive on September 27,

[2013 High Court Decision 516]

1. On July 17, 2011, the Defendant: (a) acquired a wall from the frontway of the Dong Office located in the Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City 4, and then embezzled the wall with the victim’s intent of acquisition without taking necessary procedures, such as reporting it to the nearby police station, etc.; and (b) embezzled the wall with the victim’s intent of acquisition.

2. On July 17, 2011, the Defendant violated the Specialized Credit Financial Business Act: around 17:16, the Defendant settled the total of KRW 99,900 on two occasions with the F’s credit card lost inside the said site A at “E” house located in Gwanak-gu in Seoul Special Metropolitan City, and on the same day, paid KRW 25,00 with C’s credit card lost at H convenience store in Gwanak-gu in Seoul Special Metropolitan City, and used the lost credit card on three occasions.

[2013 High School 869] The Defendant, even if not a person handling narcotics, sold 60,000 won from L to L, one-time injection device, which contains approximately 0.7g 0.7g of psychotropic drugs, on April 201, 201, stopped in the front side of the J middle School Gabs in Suwon-gu I, Suwon-si, Suwon-si, Suwon-si, G, and sold them to L, by using a single-time injection device with approximately 0.3g of psychotropic drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Statement by the prosecution concerning L;

1. Statement to C by the police;

1. Each investigation report (calculated of a surcharge for a suspect A, accompanied by a certified copy of an interrogation protocol of accomplices involved, and reporting accompanied by data on analysis of telephone details);

1. The result of a reply to a seizure warrant, personal information of subscribers, and telephone conversationss A;

1. A detailed statement of card sales transactions;

1. Previous records of judgment: Application of criminal records, investigation reports (report on the results of the handling of cases, and attachment of judgment) and statutes;

1. Criminal facts;