A. The Defendant had a cellular phone of the victim, but was thought to return it to the victim.

However, the defendant divided his friendship and talks while drinking, and he forgotten that he should return his mobile phone to the victim, and there was no intention to steal his mobile phone.

B. The lower court’s sentence of unreasonable sentencing (fine 1,500,000) is too unreasonable.

2. The Defendant asserted the same purport as the grounds for appeal in this part of the judgment below regarding the assertion of mistake of facts.

The lower court, based on the evidence duly adopted and examined, found the following circumstances: (i) around April 27, 2018, the victim left the place by setting up his/her cell phone, etc. in front of the General Civil Service Center for the Gwangju District Court, Gwangju District Court at around 16:24, and the Defendant found the victim’s cell phone, etc. at around 16:31, April 27, 2018; (ii) the Defendant was driving the vehicle at around 16:48 on April 27, 2018, and did not make any effort to return the aforementioned cell phone, etc. to the owner; (iii) the victim was aware of the loss of the cell phone, etc. at around 17:06 on April 27, 2018, and the Defendant did not immediately move the aforementioned object to the owner, but did not return the mobile phone text messages to the police station at around 18:33, and even if the Defendant did not sufficiently endeavor to return it to the police police station.

Examining the reasoning of the lower judgment in a thorough manner with the record, the lower court’s determination of facts is justifiable.