Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

1. Around January 2012, the Defendant: (a) obtained one cell phone at the victim D’s market price located in the rear seat of a taxi that he operated at the taxi platform, but did not take necessary procedures, such as returning it to the victim; (b) embezzled the property that he/she had on his/her own idea and has left from another’s possession.

2. At around 06:00 on December 6, 2012, the Defendant embezzled one of the gallon smartphones owned by the victim I (35 years old) owned by G from the back seat of H-si operated by G from the “F restaurant” located in the Gu E during Ansan-si, and instead did not follow necessary procedures, such as returning it to the victim through G, and embezzled the property that he/she has thought to have, as he/she had, the property that he/she left the possession of another.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (victim D's statement and victim I's statement);

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;