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(영문) 광주지방법원 2013.10.31 2012고단6380 (1)
점유이탈물횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 201, the Defendant found one resident registration certificate, one driver’s license, one and one cash 3,000 won, which is owned by the victim D, at the store located in Seo-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. On April 14, 2012, the Defendant found one copy of the Gwangju Bank passbook, the victim E lost at the cash withdrawal machine at the Seo-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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