Defendant shall be punished by a fine of 250,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On September 7, 2013, the Defendant embezzled, at his own discretion, the bicycle in an amount equivalent to 2.50,000 won owned by the victim B (year 37) who was placed in front of the bicycle storage unit with the " home flusium flusium" located in Gangseo-si 2120, Gangseo-ro, 2120.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Application of field photographs and related Acts and subordinate statutes;

1. Article 360 of the Criminal Act applicable to the crimes;

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

1. The summary of the facts charged in the instant case, which is a non-criminal charge of Article 334(1) of the Criminal Procedure Act, of the provisional payment order, is that “The Defendant, at around 08:07 on September 7, 2013, 201, took a bicycle with the victim B (the victim 37 years of age) with the front wheels with the bicycle with the locker device in front of the front wheels at a bicycle storage unit located in the Gangseo-si 2120, Gangseo-si, Gangseo-si, Gangseo-si, Gangseo-si, Gangwon-si, Gyeongnam-si, around 2120.”

On the other hand, the defendant consistently asserts that there is a fact that he has brought a bicycle with the front wheels in front of the bicycle storage unit.

The evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the defendant was stolen, and there is no other evidence to acknowledge it.

Therefore, the primary facts charged constitute a case where there is no proof of a crime and thus, should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as the possession of the ancillary facts charged is found guilty, a judgment of innocence is not rendered separately

It is so decided as per Disposition for the above reasons.