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(영문) 부산지방법원 2018.08.24 2018고정1024
점유이탈물횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as a taxi engineer B for business purposes.

On December 14, 2017, the Defendant considered that the victim D (22 years old women; hereinafter referred to as "DC") who was a passenger in front of the building C of the Busan East-gu, Busan-gu, used the victim D DC owned by the victim D (6S) and carried on the si and did not take necessary procedures, such as discovering the victim's 1 (6S) and returning it to the victim, and embezzled it as he/she had on his/her own idea (attached Form 4) during the period from January 2018 to January 2018, the Defendant considered that the victim DC, E (36 years old men), F (27 years old women), G (24 years old women), and 4 years old smartphones owned by each of the victims without taking necessary procedures, such as returning them.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to F, D, and G;

1. Application of Acts and subordinate statutes to the protocol of seizure and list of seizure, each photograph/cinematographic output, and investigation report (at a moment 17,18)

1. Article 360 (1) of the Criminal Act applicable to the relevant criminal facts and Article 360 of the choice of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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