Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On September 21, 2017, the Defendant, in collusion with C on September 21, 2017, embezzled one mobile phone owned by the aforementioned E, one of the mobile phone owned by the said E, who left the possession due to the death of E from the Incheon Gyeyang-gu D and the second floor, without following necessary procedures, such as returning it to the victim F, etc. holding ownership by inheritance.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements of the defendant and C

1. Some statements concerning the suspect interrogation protocol of each police officer against the defendant or C;

1. Statement made by the police of the F;

1. In the investigation report (CCTV investigation), CCTV closure photograph (the Defendant and his defense counsel did not recognize that the Defendant had no intent to obtain unlawful profits and that the ownership of his mobile phone used by the Defendant was transferred to his heir due to the death of E (hereinafter referred to as “the Deceased”), and that there was no intention of embezzlement of possession.

The argument is asserted.

In embezzlement, the intention of illegal acquisition is not limited to the intention to use or dispose of another person's property in accordance with economic usage, unlike larceny, as if the owner owns another person's property, or as if it were to use or dispose of another person's property.

According to the above evidence, the Defendant, as a member of the Jin-Jin-ri doctrine, exchanged with the deceased, and there was a dispute, such as requesting that the deceased’s children and the deceased would not exchange with the deceased. After that, the deceased’s death was discovered during the continuous exchange with the deceased, the deceased’s intent to inform his/her children of the details of the exchange with the deceased, as well as C and C with the intent to cause the deceased not to be able to inform his/her children of the details of the exchange with the deceased, and the deceased’s intent to dispose of the books on religious doctrine and the cellular phone of the deceased at the scene of the deceased’s death. Accordingly, it is sufficient to fully recognize the intention of unlawful acquisition in the crime of embezzlement, and that the deceased’s possession is inherited to all the heirs.