사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine not exceeding one million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the penalty (three million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Prior to the judgment on the grounds of appeal, we examine ex officio the larceny (Article 1) among the facts charged of the instant case.
A. The summary of the facts charged (1) around 15:00 on February 4, 2013, the Defendant discovered while cleaning a gallon 2 (32G, white) smartphone in an amount equivalent to 1080,000,000 won in the market value where the victim C (30 years of age) deteriorated inside the instant taxi (hereinafter “instant taxi”).
The defendant stolen the above smartphone without receiving the victim's phone call.
(2) On June 18, 2013, at around 16:02, the Defendant discovered that the victim D (n, 48 years of age) boarding the front seat of the instant taxi that he operated on the front seat of the instant taxi operated by his department store located in Jung-gu Busan, Jung-gu, Busan, left the seat in the seat equivalent to KRW 1,00,000 at the market price. On June 18, 2013, the Defendant opened the case, with one lot of transportation card connected to the credit card and the instant case, and attempted to steal it by checking the instant case.
After confirming the fact that the victim was not a mobile phone, the defendant was stolen from the damage amounting to the above amount without receiving the phone.
B. The lower court determined that the lower court recognized this part of the facts charged as larceny by comprehensively taking account of the following evidence.
C. The judgment of this court refers to the removal of the property possessed by another person against the will of the possessor and the removal of such property to his or her or a third party. Whether certain property is occupied by another person shall be determined in consideration of the intention of control as a subjective element, in addition to the scope of management as an objective element or the possibility of factual management. Ultimately, the shape of the property in question shall be determined in consideration of the intention