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

The defendant is a branch employee B.

On September 3, 2014, at around 23:15, the Defendant stolen a mobile phone of an amount equivalent to KRW 800,000,00 of the market price, by setting the victim D (the age of 22, South) set up a mobile phone on the table table, and throwing the cell phone on the cover table in the convenience store with a mobile phone owned by the victim between the opening of the lock-si and the opening of the lock-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. On-site reports (based on the analysis ofCCTV image data), CCTV photographs;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 329 (1) of the Criminal Act and Article 329 of the same Act concerning criminal facts, the choice of fines;

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

1. Defendant’s assertion and judgment under Article 334(1) of the Criminal Procedure Act

1. The defendant's argument asserts that the defendant is to conceal the above mobile phone with his complaint against the victim, and that he did not intend to acquire illegal profits.

2. According to the Criminal Act, theft refers to the removal of possession of another person's possession against the will of the possessor and the removal of another person's possession from his/her possession. The expression "an intention of unlawful acquisition necessary for the establishment of larceny" refers to the intent to use and dispose of another person's property in accordance with the economic usage, such as his/her own property, by excluding the right holder. The mere infringement of possession alone is not enough to constitute larceny, but the mere infringement of possession does not require the intention to hold the economic interest of the property permanently. It is sufficient that the intention of infringing on the ownership or the equivalent right is the intention of acquiring the property, i.e., the acquisition of the property, regardless of whether it is intended to acquire the value of the substance or the equivalent right.

In addition, even though it is a different purpose, it is not recognized that there was an explicit consent of the possessor with respect to the transfer of possession at the time of commencement.