The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the motive and circumstances of the crime, etc., the punishment imposed by the court below (two million won of fine) is too unreasonable.

2. In the instant crime, the fact that the Defendant, a taxi engineer, embezzled the lost mobile phone of the victim, who was a guest aboard the taxi, to sell the stolen mobile phone to the stolen business entity is not good, and that the Defendant attempted to sell the stolen business entity, is disadvantageous to the Defendant.

However, it is favorable to the defendant, such as the fact that the defendant fully recognized the crime and reflects the depth of the defendant, the fact that the mobile phone acquired by the defendant is only one unit, the victim returned the damaged goods, and the damage has been fully recovered.

In this context, considering the various circumstances shown in the records and arguments, the sentence imposed by the court below on the defendant is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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;