Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

On September 23, 2017, at around 06:30, the Defendant discovered one cell phone of 1,200,000 won in the market price owned by the victim B while getting off the vehicle after using the taxi (C) of the Defendant in the south-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and found it.

The Defendant, without following necessary procedures such as returning the acquired mobile phone to the victim, embezzled him/her on his/her own idea.

Summary of Evidence

1. Legal statement of the witness B;

1. Protocol of the police statement concerning B;

1. B written statements;

1. Report on the occurrence of loss (Embezzlement of lost property);

1. A investigation report (on-site CCTV verification) and a photograph of a CCTV image-cape;

1. Investigation report (requesting parties to the suspect to appear and failing to appear);

1. Investigation report (request for appearance of a suspect by telephone and investigation related to damaged articles);

1. The police seizure protocol and the list of seizure (the defendant and his defense counsel stated that the defendant had contact with the victim by making contact with the victim known to the victim, and that the contact had been kept and did not have any thought to have been held. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim called the victim’s relative cell phone immediately after confirming that the victim had contact with the cab, but did not receive the defendant. After that, the defendant tried to contact the victim with the victim at a short time, ② the defendant stated that the victim did not have such contact, but the victim stated that he did not have any way to return the cell phone when the victim had contact with the victim (the victim need to find the cell phone). However, the victim’s contact was terminated without taking any measures to return the cell phone at the time of contact with the defendant.