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(영문) 의정부지방법원 2014.07.11 2014고단1136
점유이탈물횡령
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 22, 2013, the Defendant found 200,000 won in cash owned by the victim D, 1 million won cashier's checks, 40,000 won cashier's checks, 4 credit cards, 1,000 won card, 1,000 won card, 2,000 won card.

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.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the defendant and D;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to the President of Trade Office by cashier's Office;

1. Relevant Article 360 (1) of the Criminal Act concerning facts constituting an offense and Article 360 (1) of the Criminal Act selecting a penalty;

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 provides that the defendant's argument and the reason for sentencing are denied the charges from the investigative agency to the court. However, the following circumstances acknowledged by the evidence mentioned above, namely, the defendant's possession of the wall of this case. The defendant lost the wall of this case, and the defendant deposited three copies of the check of 1 million won and one million won for the wall of this case at the Macheon National Federation of Korea, and received cash. The defendant was issued the wall of this case from a third party on the personal identity unrecognizably known to him. The defendant also asserted that the bill of 1 million won and 490,000 won in cash held by the defendant at that time are exchanged, and that the remaining bill of this case and cash are returned to the above third party after the date of loss of the wall of this case.

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