Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On July 2, 2015, the Defendant, at around 23:00, found one cellphone in the front of the D cafeteria located in Osan City, where the victim E lost, the Defendant acquired one cellphone in the amount of KRW 1.1 million.

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. Legal statement of witness E;

1. Police seizure records and list of seizure;

1. Recording CDs (the defendant and his defense counsel had no intention to obtain unlawful acts against the defendant at the time of the occurrence of such act;

While denying the facts charged, the following circumstances acknowledged by the evidence of the judgment, i.e., ① the cell phone immediately after finding out of its characteristics and taking necessary measures to return the identity of the owner or owner, but the Defendant did not make such attempt immediately after finding it (i.e., the Defendant first called “Ara because he was able to take a cell phone because he was able to take a cell phone).”

However, according to the victim E’s legal statement and record CD, it is recognized that the victim attempted to communicate with the mobile phone as indicated in the judgment of the defendant first on the part of the victim). ② The defendant did not respond to the call from the victim on the day of loss to return the mobile phone but did not respond to the call, and “the thickness to give out the sex so far as possible”. Further, the victim is demanded to inform the victim of other contact points so that it can contact, and the victim is “I have to have the probability of contact now,” and “I have the honorariums in the morning (B).”

In that sense, the Defendant said that he had to carry (the place of promise) and (3) even after the lapse of 10 days thereafter, the Defendant did not take any procedures for return, such as leaving the mobile phone in the judgment to the police office or inserting it into the postal system.