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(영문) 서울중앙지방법원 2015.01.13 2014고정5525
점유이탈물횡령등
Text

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of 1.5 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. At around 22:00 on October 6, 2014, the Defendant embezzled that he/she would have on his/her own idea after acquiring a white-phone 5S cell phone equivalent to KRW 900,000,00 which was lost by the victim C (30 years of age) from the back seat of the taxi while boarding the taxi at the upper Myeon-dong Myeon-dong, Jung-gu, Seoul Metropolitan Government, and driving on the Myeon and driving on the Myeon-dong street, and instead taking necessary procedures to return it to the victim.

B. On October 21, 2014, the Defendant: (a) received a request from Defendant B to sell two cell phones messages that he acquired from Kakakakao Stockholm messages; and (b) on October 28, 2014, around 19:00, the Defendant kept two cell phoness of KRW 80,000,000 in the E funeral hall located in Yangcheon-gu Seoul Metropolitan Government, at around 80,000, the market price owned by the Victim F (F) was equivalent to KRW 80,00,000,000 in the market price owned by the Victim F (F., 31 years of age) and the Victim G (P. 30 years of age)’s cell phone, knowing that the market price owned by the Victim was a stolen product, and kept them by up to 22:02 of the same day

2. Defendant B

A. On September 21, 2014, at around 23:00, the Defendant embezzled the victim’s thought that he/she had, on his/her own, by acquiring a white juno-2 mobile phone in an amount equivalent to KRW 800,000,000, the market value of which was lost by the victim F (the age of 31) at a liquor near the department store in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu.

B. On October 11, 2014, the Defendant, at around 23:00, embezzled the Victim G (30 years of age)’s cell phone in front of the entrance area located in the Seoyangdong in Gwangjin-gu Seoul Special Metropolitan City, 6 times before the exit area, and then embezzled the Defendant’s thought that he had not followed the procedures necessary for returning the victim’s cell phone at a level equivalent to KRW 9.80,00,000 at the market price of KRW 9.80,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Written statements of C, F and G;

1. Police seizure records, list of seizures and photographs of seized articles;

1. Application of the Kakao Stockholm Act

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A.

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