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(영문) 부산지방법원 동부지원 2012.11.12 2012고정966
점유이탈물횡령
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 00:30 on May 1, 2012, the Defendant, as an acting driver, found one cell phone terminal (authorized phone 3GS 16G) in an amount equivalent to KRW 800,000 at the market price affected by the victim G (the south and the age of 53). In such a case, the acquired property should be returned to the victim, or if the return is not in place, should be notified of the fact of the acquisition, and should be reported to the police office to find the victim. However, without taking necessary procedures, the Defendant embezzled the above cell phone with the purpose of disposing of it through the Internet portal site, and embezzled the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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