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

피고인은 2014. 12. 8. 12:30 경 서울 영등포구 C에 있는 D 식당에서 피해자 E(47 세) 이 식사를 하면서 테이블 밑에 놔두었다가 깜박 잊고 나간 갤 럭 시 S5 휴대폰을 마치 자신의 것인 양 들고 나가 이를 절취하였다.

Summary of Evidence

1. The statement made by the witness F in the fifth public trial records;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each statement made to F;

1. A certificate of location for loss of damaged articles, the details of the currency of damaged articles, and a certificate of registration of a service contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant did not know about the victim's mobile phone, but did not theft the victim's mobile phone.

2. According to the following circumstances acknowledged by the aforementioned evidence duly adopted and investigated by the court, the fact that the defendant stolen the victim's mobile phone can be sufficiently recognized.

① On December 8, 2014, the victim entered the restaurant in this case on 11:59, and went to 12:29 on the same day after completing the meal service. At the time the victim was in the restaurant, customers were several teams at the restaurant in this case, but the customer was seated in a direction different from the table.

② At around 12:32, the injured party, up to three minutes after the cafeteria, 12:32, the Defendant-friendly G entered the instant cafeteria and the injured party was seated.

The table No. 8 (8) was sitting on the table.

③ Recognizing that the cafeteria employee F, who was guiding the Defendant’s daily driving, had a mobile phone on the instant tables No. 7, the Defendant asked the Defendant whether the mobile phone was the Defendant or not, and the Defendant asked the Defendant whether the phone was the Defendant.

(4) After completing meals.