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(영문) 광주지방법원 2015.06.11 2015고정443
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 28, 2014, at around 19:50, the Defendant acquired 80,000,000 won of the market price, which was the 150,000,000 won of the market price where the victim E was under the influence of alcohol in front of the cafeteria, and the mobile phone (gallon LTE-A) of the market price of 80,000,000,000,000,000,000,000 won of the market price of the 1.50,000,000,000 won of the market price of the 1.5,00,000,000 won of the market price of the 1.5,000,000 won of the market price of the 20,000 won of cash.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of E and F;

1. Reports on internal investigation (collection of damaged articles and appending certificates of receipt);

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

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

1. Articles 70 (1) 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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