Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On March 24, 2017, the Defendant acquired a smartphone of approximately one million won in the market price of the victim D lost at the bottom of the teasian chair who is located in Mapo-gu Seoul and in the front of the hotel "C", from around 22:17 to 23:20, and under the bottom of the teasian chair who lost the victim D.

Defendant 1 did not take necessary procedures, such as returning the above acquired property to the victim, but he/she embezzled his/her own property by disposing of it with his/her own intention to gain profits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning police 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) recognizing and reflecting the Defendant’s crime; (b) returning damaged items to the victim; (c) the Defendant’s age, sex, criminal conduct, criminal record, means and consequence of the crime; and (d) the sentencing conditions specified in the trial process of the instant case, such as the circumstances after the crime, shall be equally taken into account.