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(영문) 서울서부지방법원 2020.09.23 2020고정652
점유이탈물횡령
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 12, 2019, at around 12:42, the Defendant found one piece of wall that contains cash 25,000 won and identification cards, etc. that the victim D left and lost within the bus stops in the bus stops at the bus stops at the Seo-gu, Seodaemun-gu, Seoul, Seo-gu, Seoul. 34 Korean Ambassador-based Korean Ambassador-based, Seoul.

The Defendant, without taking necessary procedures such as returning the above acquired property to the victim, embezzled it on his own idea.

Summary of Evidence

1. The Defendant’s partial statement (except for the fact that there was no intention of unlawful acquisition) asserts that “The Defendant had no intention of unlawful acquisition by putting the wall in the front place of the apartment site where he had failed to find the main person after leaving the bus, making it difficult to see the box, and leaving it in the front place of the apartment site where she had been living.” The Defendant asserts to the effect that there was no intention of unlawful acquisition by putting the contact in the police station, but there was no intention of unlawful acquisition.

On the other hand, however, the Defendant brought the CCTV on the bus by the act of cutting CCTV on the bus, even though it is a general behavior pattern, and then did not take any measure even after the CCTV was put on the bus in his or her fore part.

Defendant

It is not enough to block the prosecution of illegal acquisition intent only by the vindication that he/she thought that he/she would return himself/herself.

Written Statement of Investigation of Police Suspect against the Defendant

1. Internal photographs of a bus reported on the occurrence of the loss;

1. 112 reported case handling table;

1. Report on internal investigation (verification of B B B bus (C) records);

1. Report on internal investigation (related to details of payment of B buses for suspects), details of payment of buses;

1. Report on investigation (a warrant of seizure, search and inspection (2019-12998))

1. Details of the use of buses;

1. Investigation report (the E subscriber to whom a warrant is sent and telephone communications);

1. Protocols of seizure, list of seized articles, photograph of seized articles (a wall, cash, and resident registration certificate);

1. Application of the Acts and subordinate statutes of impeachment;

1. Article 360 (1) of the Criminal Act applicable to the crimes;

1. Detention at a workhouse;

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