A. In relation to the crime of embezzlement of stolen property from possession of victim F of mistake of fact, the court below found the defendant guilty of this part of the charges even though it did not constitute the crime of embezzlement because the victim gave up ownership of the mobile phone while the defendant kept the mobile phone, which affected the conclusion of the judgment by misunderstanding the facts.

B. In light of the fact that the defendant reflects in depth the amount of unfair sentencing and that some damage was recovered from the amount of damage, etc., the lower court’s imprisonment (two months of imprisonment and confiscation) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence, i.e., the victim's statement and investigation report (the telephone conversations with the victim), there is no indication to deem that there was any contact between the victim and the defendant after the loss of the mobile phone, ii) there is no special circumstance to recognize that the defendant made an endeavor to return the mobile phone to the victim, and the defendant also has embezzled the victim's name tag lost and the national card without return even though he acquired about one month after the above mobile phone acquisition, iii) the defendant committed an act of dumping the above mobile phone on the floor at the time when he was arrested in the act of larceny at night building, and the above mobile phone at the time when he was arrested in the act of larceny at night, it cannot be deemed that the victim did not have waived ownership, and the defendant's intent to illegally obtain the above mobile phone is also recognized. Therefore, the defendant's assertion of mistake of facts is without merit.

B. We examine the determination of the assertion of unfair sentencing, and the thief crime of this case was committed by intrusion upon another person’s residence or building at night, and is an act of considerable danger, not agreed with the victims, and the age and age of the defendant.