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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
1. Defendant A
A. From October 9, 2013 to 17:00 to 17:00 on October 9, 2013, the Defendant: (a) found one cardet box containing a copy of the NongHyk Card lost by the Victim E, in the vicinity of D in Busan Shipping Daegu C; (b) around October 16, 2013.
The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
B. On November 2013, 2013, the Defendant: (a) asked B, who is an employee of the Defendant’s company, to make a statement that he/she obtained E’s physical cards and cards, and embezzled them without returning, at his/her office located in Seo-gu Incheon, Seo-gu, Incheon; and (b) asked B, who is an employee of the Defendant’s company, to make a false confession.
On November 5, 2013, at around 10:53 on November 5, 2013, the Defendant made a false statement to the police officer G, and that he obtained E’s physical check cards and cardetets from the maritime police station located in 129, Busan, Daegu, Busan, about November 5, 201.
As a result, the defendant instigated B to escape a person who commits a crime corresponding to a fine or heavier punishment.
2. At around 10:53 on November 5, 2013, Defendant B made a false statement by the Shipping Police Station located in Busan Shipping Daegu Shipping Co., Ltd., in which the Defendant acquired B’s physical check cards and cardets and embezzled them without returning them. However, Defendant B, according to A’s teacher, stated that the Defendant acquired E’s physical check cards and cardets but did not return them.
Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, was allowed to escape.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes of E;
1. Article 360 of the Criminal Act and Article 360 of the Criminal Act: Defendant A who has the option to commit the crime;