횡령미수
Defendant shall be punished by a fine of KRW 400,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The defendant is a person who drives B taxi belonging to the solar industry.
1. Around 20:00 on April 6, 2015, the Defendant acquired one gallon 3 smartphones equivalent to KRW 800,000 at the market price where the victim C was a passenger, who was a passenger, was parked in front of the rear alley of the 8-dong, Seosan-dong, Busan Metropolitan City.
The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.
2. On May 11, 2015, around 22:00, the Defendant acquired one gallon 4 smartphones in an amount equivalent to 900,000 won at the market price where the victim F, who was a passenger, was lost, was stopped in front of E located in Busan Shipping Daegu.
The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.
Accordingly, the defendant embezzled each of the assets that have been separated from the possession of the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and F;
1. Application of Acts and subordinate statutes on seizure records;
1. Article 360 (1) of the Criminal Act as to the facts of the crime in question (including the embezzlement of stolen articles, the choice of fines: Confession, the seizure of damaged articles, and the occupation without any same power);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;