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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 30, 2018, the Defendant discovered wallets, which included KRW 6,70,00 (one hundred thousand Won, KRW 10,17,00 won) in cash, which the victim B used a cash withdrawal machine from the IBK Enterprise Bank in the cash withdrawal machine located in the IBK Bank, on the basis of the unification of Seodaemun-gu Seoul, Seoul, and then stolen it by means of discovering and taking away.
[A] The Defendant asserted that he puts the above wall in the post box, and thus, he did not have any theft of things. The Defendant argued that he puts the wall in the post box around the Hongde Station with cash KRW 670,000,000 in the following day, because he did not know that he attempted to put the wall in the post box. In light of the following circumstances, the Defendant’s assertion cannot be accepted. A. If he was to bring about the wall on the ground of a change of mind as the Defendant’s assertion, even if he did so, he did not interfere with the establishment of larceny, and it would be considered only in light of the circumstances. Furthermore, it is difficult to recognize that the Defendant returned the money that he paid the money. (1) Moreover, the Defendant’s assertion that the wall was put in the post box box, etc. without reporting it to the (police station, etc.).
2) Before and after the occurrence of the instant case, Seodaemun post office or Seodaemun Police Station having jurisdiction over the vicinity of the Red Station did not have reported the victim’s wallets. 3) The Defendant stated to the effect that “the Defendant would bring cash to the police officer in good faith” while communicating with the police officer.
Summary of Evidence
1. Partial statement of the defendant;
1. A report on internal investigation (to hear statements from the victim and peruse video data, such as CCTV in an generated area);
1. Application of each investigation report (the confirmation of the details of financial transactions of a suspect, the other party's search from Seodaemun-gu Post Offices C, and the other party's search for persons in charge of the relics of the Seodaemun-gu Police Station);
1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;
1. Article 70 of the Criminal Act for the Detention of Labor House Head.