Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

[Amount of the charge] On December 22, 2017, the Defendant committed a theft by taking advantage of the gaps in which the surveillance of the victim D(C) was neglected in the “C” room located in Jeju-si, Jeju-si, and then taking advantage of the gaps in the surveillance of the victim D(44 years of age). The Defendant committed a theft by taking one of Samsung A7 mobile phone devices equivalent to one million won at the market price of the victim’s ownership.

Summary of Evidence

1. A statement made by the witness D in this court;

1. Statement of the suspect interrogation protocol prepared on December 26, 2017 against the defendant prepared by the police;

1. Statement made by the police about D's written statement; and

1. A statement prepared by the defendant;

1. Description of a petition for complaint filed in DNA;

1. Determination as to the assertion by each video accused and defense counsel of the relevant photographs (Evidence No. 108-112 of the Evidence Records)

1. 주장의 요지 피고인은 엉겁결에 폭행사건에 휘말려 경찰이 출동한 후 C 룸에서 나오던 중 테이블 위에 휴대폰이 있는 것을 보고 피고인의 휴대폰인 줄 알고 들고 갔다가 C 밖으로 나온 후에 담배를 피우면서 피고인의 휴대폰이 아닌 것을 뒤늦게 알게 되었고, 이에 C 입구 화단에 휴대폰을 두고 떠났다.

Therefore, at the time of the defendant's possession of the mobile phone, there was no intention of illegal acquisition to exclude the defendant from the intention of larceny or the control of the victim and to dispose of it in accordance with the economic usage.

2. One health stand, and theft under the Criminal Act means the movement of property owned by any person other than his/her own possession to his/her own or a third party by excluding such possession against the will of the possessor.

In addition, the intention of illegal acquisition necessary for the establishment of larceny refers to the intention of excluding the right holder of another person's property and disposing of it in accordance with the economic usage, such as his own property, and it does not constitute larceny immediately on the ground that only the possession of another person was infringed. However, there is an intention of infringing on the ownership of property or other equivalent right.