The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the part of the judgment of the court below not guilty (misunderstanding of facts), the evidence reveals that the defendant found the defendant not guilty on the part of the judgment of the court below which found the defendant not guilty on the ground that the defendant found the lost beer mobile phone and brought the victim to his/her will to use it.

B. The sentence imposed by the lower court (unfair sentencing) by the Defendant (one million won in penalty) is too unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. On November 2015, the Defendant: (a) obtained a cellular phone from the rear seat of a bus in the front seat of the Gyeongcheon-si, Gyeongcheon-si; (b) did not take necessary measures, such as returning the lost market value to the victim; and (c) embezzled the lost object from possession to his/her will, without taking necessary measures.

B. The lower court determined that: (a) the instant portable phone was submitted to the court for use as evidence; and (b) the instant portable phone was already used as evidence due to the prosecutor’s disposition; (c) it was indicated that the instant mobile phone was lost or lost; and (d) it was impossible to verify whether the instant mobile phone was owned by the Defendant; and (c) each of the above evidence documents prepared by the investigative agency (police) stated that “the Defendant acquired goods lost.”

Even if the defendant denies the contents, the part of the statement is inadmissible as evidence, and ④ there is no evidence to acknowledge that the mobile phone of this case is lost by another person.

(c)

According to the evidence duly adopted and examined by the court below and each statement of F and D of the witness F and D of the trial party, the defendant on November 18, 2015.