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(영문) 대구지방법원 김천지원 2018.01.09 2017고정568
점유이탈물횡령
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On September 11, 2017, the Defendant: (a) taken aboard an old bus 340-2 at the bus stop in the old-gu New Middle School in the old-gu, Simpo-si, Simpo-si on 340-2 occasions; and (b) acquired one wall containing one copy of driver’s license, credit card 1,50,000 won 7,13,500 won 13,500 won 13,500 won 13,500 won 1,000 won 10,000 won 2, and three Onnuri gift certificates equivalent to KRW 10,000.

Defendant 1 did not follow the necessary procedures such as returning the above acquired property to the victim and embezzled the property that was separated from the possession of the victim by taking the idea of his own possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in B;

1. Seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the video photographing of CCTV inside buses);

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 concerning the order of provisional payment;

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