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(영문) 부산지방법원 2014.08.29 2014노620
점유이탈물횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant, at the request of the passenger on his name, could not settle the amount higher than the original charge on several occasions with the physical card presented by the passenger on several occasions. However, the court below found the defendant guilty of all the charges of this case by misunderstanding the facts and affecting the conclusion of the judgment, although the defendant did not have the physical card, etc. containing the lost physical card, etc. of the victim of the crime of embezzlement of stolen property, or used the physical card.

B. The sentence imposed by the court below on the defendant (the fine of KRW 1,00,000) is too unreasonable.

2. Determination

A. If the defendant pays taxi expenses by using the string card that he/she operates with the string card as stated in the facts charged, there is a doubt as to whether he/she committed such crime despite the fact that his/her crime was immediately carbon. However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim of the crime of embezzlement of stolen possession, i.e., the F. the victim at the police station around January 22, 2013 when he/she boarded the 1.4 km away from the string of the 22:30:0 m from the cab to the 1.4 km away from the string of the string of the 22:0 m or around 22:30,000, the defendant calculated the string of the string of the 22:5:25:00 m or 29:14:00 m of the string of the 201.

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