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(영문) 부산지방법원 2018.08.22 2018고정784
횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On July 2016, the Defendant: (a) on board a light metal around 13:00 in the middle of the middle of July 2016, and went through the vicinity of the airport station in the Gangseo-gu, Dong-dong Kim-dong, Busan; and (b) on his name, the market price of the victim, who is the victim, found one cell phone, which was an unclaimed 5 cell phone; and (c) started gathering it with the mind of having the victim without following the procedure, such as returning the victim.

Accordingly, the defendant embezzled the property of the victim who has deserted possession.

2. The Defendant embezzled, on March 28, 2017, at his/her residence located in Gangseo-gu Busan Metropolitan Government, Busan, with a view to arbitrarily disposing of one of the portable telephone units in the case of galloning jus in the market value equivalent to KRW 800,000,00 in the market value of the victim D who was entrusted and kept by an agent C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 355(1) of the Criminal Act (the point of embezzlement) and Article 360(1) of the Criminal Act (the point of embezzlement) and the selection of fines for criminal facts;

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

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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