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(영문) 서울동부지방법원 2017.03.28 2017고정94
점유이탈물횡령
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 30, 2016, around 09:54, the Defendant, at the entrance stairs of the C main office located in Gwangjin-gu Seoul Special Metropolitan City, found the victim D (n, 20 years of age) from this main office, and became the victim D (n, 20 years of age). The Defendant, while under the influence of alcohol, found the LG Nowon-gu, the main office of which is 1,200,000 won in the market price of main stairs.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (verification of the non-suspected suspect or suspect's appearance);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the background of the instant case, the fact that the Defendant’s main situation at the time of the instant crime, including the criminal records of the Defendant, and the criminal records of the Defendant’s person, etc., were considered in light of various sentencing conditions as indicated in the instant pleadings, including the Defendant’s age, sex, and environment, and the sentence is determined as ordered.

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