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(영문) 서울중앙지방법원 2018.12.10 2018고정2308
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 13, 2018, around 18:10 on July 13, 2018, the Defendant found C’s click click in front of Gangnam-gu Seoul, with a click click in which the victim C(43 tax) lost, and one million click click click click.

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.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Written statements of D;

1. Investigation report (Attachment of a photograph of the criminal suspect) / (The defendant did not have the intention of embezzlement since he/she brought about the criminal suspect to find the criminal suspect at the time of committing the crime of this case.

However, the following circumstances acknowledged by each of the above evidence, i.e., the Defendant, without confirming the contents at the time of the acquisition of the above Clurbing, brought the house to his/her will to be used by the Defendant, and ② if the Defendant had expressed his/her intent to find the main seal, he/she immediately confirmed the contents thereof and reported it to the police.

In light of the fact that the Defendant did not take such measures despite the fact that the Defendant did not voluntarily report to the police after confirming the content (such as a check), and that the Defendant did not voluntarily return the CCTV containing the crime scene to the victim, but the Defendant confirmed CCTV containing the crime scene and found the Defendant’s home address and returned the clurry back to the victim, the Defendant’s intent of embezzlement of the deserted article in possession is sufficiently recognized, and the above assertion is not accepted).

Application of Statutes

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. 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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