점유이탈물횡령등
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal is that the Defendant considers the instant wallet as his own wallet and tried to bring the instant wallet to his main wall, and there was no intention to bring the wallet to others.
Nevertheless, the court below held that the defendant has the intention to embezzlement and to commit fraud.
Since the judgment of the court below was pronounced guilty against the defendant, the court below erred by mistake.
2. The defendant alleged the same purport in the court below, and the court below rejected the above argument in detail under the title "judgment on the defendant's and his defense counsel's assertion". When comparing the above judgment of the court below with the records, the judgment of the court below is just, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment, as alleged by the defendant.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. In accordance with Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that all of the costs of the trial by the court below and the party shall be borne by the defendant. It is so decided as per Disposition.