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

The defendant is a person who operates a taxi for business use B. A.

On December 22, 2012, the Defendant: (a) while operating the said taxi in the Ilcheon-si, Chuncheon, acquired one mobile phone from the lower seat of the taxi; and (b) arbitrarily sold the goods to C in front of the Macheon-si, Chuncheon on the same day, and embezzled the said goods from the possession of the victim.

B. On January 2013, the Defendant: (a) while operating the said taxi in the Ilcheon-si, Chuncheon; (b) found one mobile phone from which the victim was left on the back of the taxi; and (c) embezzled the property of the victim’s possession by arbitrarily selling it to C in front of the Macheon-si, Chuncheon-si, on January 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to the protocol of examination of suspect as to C and D

1. Article 360 (1) of the Criminal Act and Article 360 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not merely limited to physical damage from mobile phones, but is highly likely to lead to additional damage, such as leakage of personal information and illegal mobile phone distribution, and the degree of punishment of relevant persons. It is so decided as per Disposition by the assent of all participating Justices.