점유이탈물횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) is that the defendant's finding of the victim's wallet in the apartment zone and leaving the victim's wallet immediately to the apartment management office is consistent with the common sense, but the defendant's right to claim compensation for the walletetet in the Lost Articles Act is not recognized. The defendant ultimately made a phone call to the victim for the purpose of receiving honorariums, and the return of walletetetetetet cannot be deemed to be the main purpose, and the victim could only recover the wall from the police by reporting the defendant to the police. In light of the above, the defendant's intention to obtain illegal profit from the acquisition of walletetet.
Although the judgment of the court below which acquitted the defendant, there is an error of law due to mistake of facts.
2. The lower court determined: (a) the Defendant did not immediately submit the instant wall to the police station, etc. immediately after acquiring the instant wall; (b) the Defendant sent letters demanding compensation without fixing the amount of compensation at the time of returning the wall to the victim on August 31, 2017, to the management office of the building B by making phone calls for a temporary bus in which he/she resides, left his/her contact address; (c) the victim was able to recover the wall; and (d) on August 28, 2017, the victim demanded the return of the wall by phone call to the Defendant; and (e) the Defendant promised to return the wall at the time of moving to the building B located in Sungcheon-nam on September 1, 2017; and thereafter, the Defendant sent letters demanding compensation for the Defendant on August 31, 2017, providing for compensation claims under the Lost Articles Act, on the sole basis that the Defendant was demanded to pay compensation.
The defendant cannot be inferred, and 3. The defendant left Korea on September 2, 2017 when the victim refused the request of honorarium, and thus he leaves Korea on September 2, 2017.