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(영문) 서울중앙지방법원 2016.02.18 2015고단6445
점유이탈물횡령
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 September 26, 2015, the Defendant embezzled this for the purpose of selling a mobile phone, without taking necessary procedures, such as finding and finding out one of the 4 mobile phones in Samsung Hegel case, which is equivalent to KRW 1,000,00, the market price owned by the victim C (23) who was aboard a taxi operated by the Defendant, but laid down in the taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on seizure records and the list of seizure lists;

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

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 include the following: (a) the Defendant recognized the instant crime; (b) the victim’s damaged goods were returned; (c) the Defendant has no record of criminal punishment for the same kind of crime in the past; and (d) the Defendant’s age, sexual conduct, motive and method of the crime; and (c) the circumstances after the commission of the crime, etc. are all considered and sentenced to the same sentence as the disposition.

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