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(영문) 서울남부지방법원 2018.11.09 2018고정1027
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

Criminal facts

On April 22, 2018, around 16:53, the Defendant found one set of 10,000 won in the market price of which includes cash 10,000 won and credit cards, etc., which the victim H gets from the subway station, and 200,000 won.

The defendant did not go through necessary procedures such as returning the above acquired property to the victim, and he did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Investigation report (verification of CCTVs at the scene of occurrence);

1. Application of Acts and subordinate statutes to investigation report (verification of copy of an application for transportation card for the preferential use of Seoul Metropolitan Government);

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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