점유이탈물횡령
The defendant shall be innocent.
1. Around July 4, 2016, the Defendant embezzled the Defendant’s thought to dispose of, without following necessary procedures, the victim E, a passenger of D cab operated by the Defendant, at the lower seat of the said cab, having obtained an amount equivalent to eight million won at the gallon market price of S5 mobile phones and returned it to the victim, in the vicinity of 132 North Korea, through search of Seodaemun-gu Seoul, Seodaemun-gu Seoul around July 4, 2016.
2. Determination
A. According to the facts found, the following facts are acknowledged.
1) The Defendant is a person who operates an individual taxi (a model taxi), and the victim E is a passenger who uses a taxi operated by the Defendant from around July 4, 2016 to the third distance of the Seoul Northern Unit in Seoul, around July 4, 2016. On the same day, the victim’s cell was lost when the gallon owned by the victim on the same day.
2) The F(G) is a person who purchases a mobile phone from a taxi driver and sells it to a foreign country, and H(G) is a taxi engineer, who intends to sell a mobile phone left by a taxi customer to the taxi manager upon request by the I (J staff).
3) On February 10, 2017, F was arrested on the charge of the purchase of stolen goods. The police confirmed the statement that H intended to purchase stolen goods from H in the course of the investigation into F, and arrested H on February 13, 2017. On the other hand, H seized four mobile phones, including Galax S5/ SM-G90K/K (hereinafter “instant mobile phone”).
4) On February 13, 2017, H stated that he was arrested in the process of selling 4 cell phoness, including the instant cell phone, from the J-ro L in Eunpyeong-gu Seoul around 12:30 to the F on the same day upon request from I for selling 4 cell phoness, such as the instant cell phone, as stolen.
5) I is J clerical staff, and it has not been found for a long time out of the loss of the mobile phone that J taxi drivers acquired.