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(영문) 서울북부지방법원 2015.11.17 2015고정2228
점유이탈물횡령등
Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

1. On June 2015, the Defendant found one of the 5 smartphones worth 600,000 won at the market price where the victim D was lost in Gangnam-gu Seoul Police Officer C, which was located in Seocho-gu Seoul.

The Defendant, without taking necessary procedures such as returning it to the victim, embezzled that he would have on his own.

2. On June 11, 2015, the Defendant received at least 800,000, G2 smartphones equivalent to KRW 800,00,00 from E around the 99-dong, Seongdong-dong, Seongdong-gu, Seongdong-gu, Seoul, for sale of the cell phone, and the Defendant received a request to sell the cell phone.

The defendant knew of the fact that the above mobile phone was stolen, and tried to sell the above mobile phone at the same place as the same day, thereby arranging the transfer of stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to photographs of each damaged article;

1. Relevant Article 362 (2) and (1) of the Criminal Act (the occupation of stolen goods) concerning the facts constituting an offense, Article 362 (2) and (1) of the Criminal Act (the occupation of embezzlement of stolen goods), Article 360 (1) of the Criminal Act (the occupation of possession

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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