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(영문) 의정부지방법원 고양지원 2018.11.30 2018고정972
점유이탈물횡령
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 08, 2018, the Defendant discovered a 15,180 won of the victim E’s market value at the second floor D goods packing unit of the Gyeyang-gu building C, Gyeyang-gu, Seoul, and found a 15,180 won of the victim E, and found it.

Although the defendant did not acquire the above property three days later, he did not make any attempt to return or return it to the victim and brought it to his own idea.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (on-site internal investigation and CCTV internal investigation);

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and reports on investigation;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the fact that the defendant is against the defendant's wrong recognition, the defendant has no particular criminal history other than the punishment of a fine of KRW 100,000 as a result of the violation of the Act on the Aggravated Recreation Business in 1984; the value of damaged articles is a small amount and damaged articles have been returned; the defendant deposited an amount equivalent to ten times the value of damaged articles for the victim; the defendant deposited an amount equivalent to 10 times the value of damaged articles; the defendant's age, sexual behavior, environment, motive for committing the crime, circumstances after committing the crime, etc.); and all of the sentencing factors

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