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(영문) 대구지방법원 2017.06.07 2016고정1262
점유이탈물횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 15, 2015, around 01:40, the Defendant: (a) found 99,00 the Plaintiff’s market price, which was 99,000, placed on the back seat of the D-si apartment that the Defendant driven before the Defendant’s apartment of Daegu Northern-gu, Daegu-gu, Seoul, and then embezzled 61 phones without returning to the victim.

Summary of Evidence

1. Legal statement of the witness F (former E);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the defendant;

1. As a result of video correction, the details of the comprehensive vehicle, trajecture of the vehicle, and the application of statutes on the screen of location inquiry;

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. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel asserted that the Defendant did not bring the instant mobile phone, but considering the following circumstances that can be acknowledged by each evidence duly adopted and investigated by the court, the facts charged in the instant case can be fully acknowledged.

① On November 15, 2015, around 01:40, the victim was getting a taxi driven by the Defendant in the Daegu North-gu apartment complex.

The victim is at the home of the mother who is living in the above apartment, and the mother did not call the victim's mobile phone on several occasions, but did not call the victim's mobile phone.

Since the victim was made a telephone call before getting out of the above taxi, it is clear that the victim's cell phone is located in the above taxi, and in the situation where the telephone information set up in the Belgium and the business hours of the defendant was 2 to 3 hours, if the victim took a telephone over several times, the defendant could have sufficiently known the existence of the victim's cell.

(2) In general, the defendant shall complete around 03:0 to 04:00 and shall retire from the office of the defendant who is in G at the time of Gyeongsan.

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