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(영문) 서울중앙지방법원 2016.11.30 2016고정3427
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 23, 2016, the Defendant, around 23:00, found one Soviet mobile phone in so far as to be galthal lusium 7 owned by the victim D lost on the road near “C” located in Seocho-gu Seoul Metropolitan Government.

The Defendant did not follow the necessary procedures such as returning the acquired property to the victim and embezzled it on his own idea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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