A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On October 19, 2016, around 10:51, the Defendant discovered one of the KRW 590,000 of Samsung Ggalthal in the front of the Geumdong High School located in the Geumdong-gu, Busan, and found it.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Report on internal investigation by the police (related to seized articles);

1. Two copies of photograph (the defendant and his/her defense counsel are consistent with the fact that the defendant displayed the victim's smartphones, but only tried to make a subsequent report, and there was no intention to bring the victim to do so;

Then, the following circumstances are acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the Defendant found out of the street and found the main machine, and ② if the Defendant intended to find out the main machine of the smartphone, it appears that the Defendant was the same as the owner of the smartphone. However, even though the Defendant did not leave the street on the street and carried out the smartphone in the smartphone, the Defendant was found to have concealed the said smartphone with the above smartphone, ③ The Defendant was hiding out with the above smartphone, and such behavior was committed by the person seeking to return the oil.

In light of the fact that it is difficult to easily understand in light of the ordinary sense, etc., the Defendant may fully recognize the intent of embezzlement of the deserted articles in possession.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;