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(영문) 서울서부지방법원 2017.01.13 2016고정1391
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On June 3, 2016, the Defendant was sentenced to a suspension of the execution of six months of imprisonment by force at Seoul Western District Court on June 3, 2016 and the judgment became final and conclusive on June 11, 2016.

1. On April 12, 2016, around 16:15, the Defendant embezzled, at the chemical group of Eunpyeong-gu Seoul Metropolitan Government “D Child Care Center”, the Defendant: (a) discovered KRW 10,000 in cash 10,000 and KRW 80,000 in cash, which was damaged by this Sub-Principle; (b) did not follow the procedures such as returning to the victim; and (c) embezzled as the Defendant’s thought.

2. On April 12, 2016, the Defendant used computers, etc.: (a) opened the victim’s POP card that embezzled to female employees without authority from Eunpyeong-gu Seoul F and G on April 12, 2016; (b) transferred the victim’s POP card to 2,660 won; and (c) obtained 2,660 won pecuniary benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Seizure records;

1. Each investigation report (any specific relation to the number of the T-Won Card which is transferred by the victim counter party and the CCTV of convenience store, etc., and by the person suspected of being out of fire);

1. Each CCTV photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes reporting the previous convictions and results thereof;

1. Article 360(1) of the Criminal Act applicable to the crime (a) of the same Act, Article 347-2 of the Criminal Act, and the selection of each fine for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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