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 September 2019, the Defendant found one cell phone of the “Aphone XS” mobile phone owned by the victim of the fire from the numberless subway (No. 2 line) to the new Dong-dong in Seongdong-gu Seoul, Dongdaemun-gu.

The Defendant did not take necessary procedures, such as returning the 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. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (compreted thought B and telephone conversations);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of damaged articles);

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are the circumstances favorable to the defendant, where the defendant recognized the facts charged in this case and reflects his mistake, and the defendant has no record of criminal punishment before the date of the crime in this case.

However, the defendant acquired cell phones, which is occupied by subway, and embezzled them, and was arrested while trying to dispose of them to stolen business operators. Considering that the nature of the crime is not good in light of the circumstances and contents of the crime, and the circumstances after the crime are also poor, it is judged that the punishment of the summary order against the defendant is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.