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(영문) 서울북부지방법원 2018.02.08 2017고정897
점유이탈물횡령
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 13, 2016, around 06:57, the Defendant embezzled the victim E (36 years) on his own deposit, without following necessary procedures, such as acquiring 1 and 600,000 won of the market price stated in the victim E (36 years of age) on his own deposit, and returning it to the victim. The summary of the evidence was embezzled, without following the following procedures: (a) acquiring 1 and 60,000 won of the 80,000 won (F2HP) of the market price stated in one copy, etc. of the new bank Cock card; and (b) returning it to the victim.

1. Partial statement of the defendant (the date of the first public trial shall be the date);

1. Each legal statement of witness E and F;

1. On-site report (CCTV image);

1. Video CDs;

1. Additional submission of victim CCTV images;

1. Video data sent by victims E;

1. 카메라 피해 품의 가격이 기재된 스크린 샷( 니콘 카메라 부분만) 법령의 적용

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act (the defendant and his defense counsel did not have any unlawful intent to obtain it);

However, in light of the following circumstances acknowledged by the above evidence, i.e., ① the Defendant’s moving the door from the Defendant’s possession to a place where only the Defendant can know, making it impossible for the Defendant to confirm his whereabouts; ② there is no evidence to prove the fact that the Defendant left the door on the same side as the Defendant’s change in the defense room; ③ even if the Defendant acted as seen at the time of acquiring the door, the Defendant denied the fact of acquiring the door before seeing CCTV; ④ the Defendant did not have any effort to return the door to the victim.

Since the above assertion seems to be acceptable, it cannot be accepted.

The summary of this part of the facts charged is the victim at the time and place stated in the judgment of the defendant.

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