On February 19, 2013, the Defendant, without following necessary procedures such as returning the goods acquired as above to the victim, offered the said goods to D prior to the entrance of the Southern-dong subway No. 3 of the Southern-dong subway No. 3, Jung-gu, Seoul, and embezzled them.

2. The Defendant found the above smartphone and attempted to contact the owner, purchase a new mobile phone by the owner, and process the above smartphone to the Defendant. However, it is not sufficient to recognize that the above smartphone was lost on the sole basis of health stand, witness E’s legal statement, and there is no other evidence to acknowledge it. Thus, the above facts charged constitute the time when there is no evidence to prove the crime, and thus, is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.