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(영문) 대구지방법원상주지원 2020.10.21 2020고단127
점유이탈물횡령
Text

A person shall be punished by imprisonment with prison labor for not more than two months, and a person shall be punished by imprisonment with prison labor for not more than four months with prison labor for the crimes of Nos. 1 and 2.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to imprisonment with prison labor for habitual larceny in the Suwon District Court's Ansan Branch on April 14, 2017 and the judgment became final and conclusive on April 22, 2017.

1. On July 2017, the Defendant acquired one of the LG electronic smartphones (name B of the account) with which the victim’s name was lost at a place where the victim’s name was unknown at a place below Seoul (hereinafter referred to as “Seoul”) and the market price was unknown.

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.

2. On January 2017, the Defendant acquired 1 US dollars 1, 201, 200, which was owned by the victim’s name in a place where the victim’s name was lost at a place not known in Seoul (Seoul) or lower due date, 1, 200, 3, 3, 3, 3, 3, for male influor, male influor, and 3, for male influor.

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.

3. From the end of September 2018 to the beginning of October 10 of the same year, the Defendant found two copies of the victim’s national card in the name of the victim who was lost by the victim C at a place where it is unknown at the end of the end of the same year, or at the beginning of the same year, the victim’s mother, one national card in the name of D, one pop-up transportation card in the name of the victim, one for the victim’s identification card, one for the victim’s identity card, and one for the male straw-ro where the market price is unknown.

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.

4. The Defendant, around 12:54 September 18, 2019, shall be the victim E in the side way of the Southern Korean-style Village 28, the Southern Korean-style Village 28-ro, Jung-gu, Seoul.

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