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(영문) 서울북부지방법원 2013.07.02 2013고정1377
점유이탈물횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. From March 30, 2012 to March 31, 2012, the Defendant acquired a bicycle of KRW 230,000 (ALON) at the market price owned by the victim D from March 30, 2012, and did not take necessary procedures, such as returning the acquired property to the victim.

2. From Jun. 10, 2012 to Jun. 11, 2012, the Defendant acquired one bicycle of “Sick-ro” in an amount equivalent to KRW 100,000 in the market price owned by the victim C, which was lost by the victim C, and one bicycle of “Sick-ro” in an amount equivalent to KRW 150,00 in the market price, but did not follow necessary procedures, such as returning the acquired property to the victim, and did so.

Accordingly, the defendant embezzled each of the assets that have been separated from the possession of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. C’s statement;

1. Application of each police seizure protocol and each seizure list statute;

1. Relevant Article 360 (1) of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Article 333 (1) of the Criminal Procedure Act for return;

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

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