Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 9, 2016, the Defendant stolen a mobile phone with a cell phone with a market price of KRW 890,000 equivalent to KRW 890,00,00, which was 481 foreign exchange bank cash payment period around Daejeon-gu, Daejeon-gu, Daejeon.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. Relevant legal provisions concerning criminal facts and Article 329 of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. At the time, not the Defendant, women who were accompanied by the Defendant (hereinafter “persons without name”) had the cell phone of the victim who was on the cash payment season.

B. The name-free person entered the above mobile phone into the shopping bag and left the defendant's house, and thereafter, the defendant was left at the defendant's house.

(c)

No defendant has stolen a cell phone of a victim.

2. Determination

A. According to the evidence, the victim discovered that his/her cell phone was lost, the victim's cell phone was phoneed by using his/her husband's cell phone, and the above phone was received by his/her nameless person.

B. However, according to the evidence duly adopted and examined by this court, the following circumstances, namely, ① taking the Handphones of the victim placed on the cash payment machine in the foreign exchange bank (Evidence Nos. 29 through 31 of the evidence record), appears not to be the victim but to be the defendant. ② The victim, “after the loss of the mobile phone, after the loss of the mobile phone, sent the mobile phone from D, which was sent on the 2 to 3 minutes of the mobile phone and continued to receive the cell phone return from the 2 to 3 minutes of the mobile phone, and the cell phone return cycle did not appear, and the victim continued to continue to remain his/her mobile phone.