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(영문) 서울서부지방법원 2018.08.16 2018고정255
점유이탈물횡령
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 4, 2016, the Defendant embezzled the victim’s possession of a mobile phone owned by the victim B (29) without following necessary procedures, such as acquiring one cell phone (Tgalth galth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth alth

2. On March 2017, the embezzlement of a mobile phone possession separated from the victim’s name, which was owned by a person without the victim’s name, embezzled the property from the victim’s possession, without following necessary procedures such as acquiring one of the lost amount of a mobile phone (LG G3 secret) and returning it to the victim, at a place where it is difficult to identify his/her place of residence in Seoul or below the Seoul.

3. On June 4, 2017, while the Defendant embezzled a mobile phone possession separated from the victim C (45 tax)’s mobile phone possession, he/she found one of the victim C (J5 in Samsung Ggal ju, Samsung Gal ju, Samsung Gal ju (J5 in Samsung Gal ju, Samsung Gal ju) and then embezzled the property that he/she had possession of the victim, without following necessary procedures such as acquiring one of the victim C (J5)’s mobile phone ju, and returning it to the victim, he/she embezzled the property that he/she left the possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against B and C;

1. The application of the law to the crime of embezzlement is recognized in light of the following circumstances: (a) the defendant has been keeping three cell phoness for a long time; (b) the defendant did not respond to the contact of the mobile phone owner; and (c) the defendant did not intend to find the cell phone owner; and (d) the defendant did not intend to find the cell phone owner.

1. Criminal facts;

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