The defendant shall be innocent.

1. On November 21, 2016, at around 16:00, the Defendant embezzled the property owned by the Defendant without following necessary procedures, such as returning it to the victim, at a place where the victim E (n, 86 years of age) left the DNA recyclable garbage in Eunpyeong-gu Seoul Metropolitan Government, by putting it away from the “DMat” (hereinafter “DMa”), and thereby, he/she embezzled the property that he/she would escape from the possession without taking necessary procedures.

2. Determination

A. The main point of the Defendant’s assertion is that the place in which the Defendant and his defense counsel acquired the bags is recycled, and the status of the bags or mobile phones is very aging, and the Defendant thought and was difficult for the Defendant to see it as an object, and then left the place to the waste disposal site for the collection of goods, and there is no intention to acquire illegal gains.

B. According to the evidence of judgment, the defendant found the above bags in waste bags near the recycling clothes collection box. ② The above bags were purchased by the victim in the market before several years, and there were no specific articles except a old spora mobile phone in the bags, ③ Social Workers F, who was waiting before the defendant's house, was old, such as reporting the appearance of the defendant's moving the bags like the facts charged, and the cellular phone was also old model and too old, and it was considered that the above bags and mobile phones were abandoned, and it was also considered that the cellular phone was also an old type model and too old, and it was found that the defendant laid the above bags in the waste bags in the recycling unit near the defendant's house.

As such, in light of the fact that the Defendant acquired a household room, the state of a household room, the status of an article located in a household, and the Defendant acquired the above household room for a long time, and then thrown away from a recycled household, etc., the Defendant considered the above household room as an article to be discarded, and it is unnecessary for the Defendant to acquire it.