업무상횡령
Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
On October 23, 2015, the Defendant, around 21:00, found one cellphone of KRW 600,000,000, which the Defendant got on the part of the victim B in a taxi operated by the Defendant.
The defendant did not follow necessary procedures such as returning the acquired mobile phone to the victim and did so.
Accordingly, the Defendant embezzled the cell phone of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes on seizure records;
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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s criminal act, the damaged things were returned to the victim, the victim was not willing to be punished against the Defendant, the Defendant did not have any record of punishment for the same kind of crime, the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order, taking into account various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime.