The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is as follows: (a) it is reasonable to view that the damaged article in this case was contained in a paper room and was placed at the entrance of a building where the victim D (hereinafter “victim”) resides; (b) it cannot be deemed that the condition of paper bags or clothes contained therein was relatively good and discarded; and (c) even all the residents of the above building could have sufficiently known that the damaged article in this case was destroyed at the entrance of the above building; and (d) it was determined that the Defendant, who collected the article, was aware of the fact that the damaged article in this case was not abandoned at the entrance of the above building; and (e) even if the Defendant deemed that the damaged article in this case was embezzled on his own idea that the damaged article in this case was not abandoned, the court below found the Defendant guilty on the ground that there was no evidence to find that there was an intentional act on the embezzlement of the stolen article, which affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. A. Around 06:40 on August 1, 2013, the summary of the facts charged in the instant case: (a) around 06:40, the Defendant acquired 10,00 won in cash, driver’s license, new card, credit card of Korea, Gyeongnam Bank BC card of Korea; (b) new JCB card; (c) Korean card, Gyeongnam Bank’s debit card, Gyeongnam Bank’s debit card; (d) GSCxxxer card; (c) KDBT card; and (d) home-pler’s point card; and (d) he did not obtain 370,000 won in total at the market price of 50,000 won in male Nowon-si Parking lot; and (d) he did not obtain her property by taking the above-mentioned embezzlement procedure, such as: (e) one copy of the 370,000 won in total, in male verification color of 50,000 won in market price.

B. The judgment of the court below (1) is prosecuted in a criminal trial.