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(영문) 부산지방법원 2015.10.14 2015고정2840
점유이탈물횡령
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a F taxi in the sexual traffic in the Southern-gu Busan Metropolitan City. A.

On April 3, 2015, at around 22:40, the Defendant acquired one cell phone of 3,000,000 won in a white Samsung Talopty 3 mobile phone in an underground parking lot for the second apartment of the Dong-gu, Busan. The Defendant, within the dong-gu, the victim K (the age of 41) who is a passenger, was under the influence of alcohol.

The defendant did not follow necessary procedures such as returning the acquired mobile phone to the victim, but did so.

Therefore, the defendant embezzled the property that has left the possession of the victim.

B. On April 7, 2015, around 01:00, the Defendant acquired one cell phone of 200,000 won in front of a restaurant located in the Busan Jin-gu L, Busan, and the victim N (the 23 years old), who is a passenger, in front of a restaurant, was under the influence of alcohol, at the market price of the 600,000 won.

The defendant did not follow necessary procedures such as returning the acquired mobile phone to the victim, but did so.

Therefore, the defendant embezzled the property that has left the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to K and N;

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

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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

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

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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