The defendant shall be innocent.

1. The Defendant, around 00:10 on April 5, 2018, driven a cab belonging to B Co., Ltd., and boarded the Victim F, a customer, at the front of Jongno-gu Seoul Metropolitan Government D (E), on the taxi back seat.

The defendant listened to the victim's statement of informing his/her relative-gu of the fact that he/she would transfer taxi expenses to the victim's account, exchanged the victim's mobile phone with the victim's mobile phone, and placed the mobile phone in the front seat of the taxi.

During that period, the victim got 500 meters away from the boarding point, and the defendant was working on the G road, and the victim was entitled to "bed or word on the vehicle" to the victim, and the defendant, who gets off the taxi, immediately left the taxi with a cell phone and gets off the taxi, stolen one mobile phone which is equivalent to 110,000 won at the market price owned by the victim.

2. Determination

A. The Defendant’s assertion that he was the Defendant did not immediately cut the F’s mobile phone by driving the taxi with his mobile phone immediately after he left the taxi.

B. As a result of the determination, the following circumstances that can be recognized by the record are revealed as follows: ① around 00:10 on April 5, 2018, the F is found to have been on the garage of the B corporation until 10:00 on the day following the arrival of F's mobile phone after getting off from the taxi to the taxi at around 500 meters from the boarding point of the B corporation operated by the Defendant; ② there is no evidence to support the fact that the Defendant continued to keep the F's mobile phone in a garage place even after getting out of the garage and getting out of the taxi at around 01:37 on the front day, and the Defendant was on the garage of the B corporation at around 10:00 on the same day; and ② there is no evidence to support that the Defendant continued to keep the F's mobile phone in a garage place even after getting out of the garage of the B corporation.