The defendant shall be innocent.

1. On March 8, 2014, around 09:16, the Defendant, in the instant facts charged, deemed the victim E, an employee of the instant case, to have lost one cost of a cell phone stored in the said gallon road from the DPagle located in the Jung-gu Seoul Metropolitan Government, to have the victim E, who was an employee.

However, the above mobile phone was owned by F as it was left by F in lieu of the fee at the time on the 6th day of the same month, and the defendant was lost or not owned by the defendant.

The defendant was delivered the above mobile phone from the victim.

2. Determination

A. As to the above facts charged, the defendant was aware of the fact that the defendant was lost as a mobile phone and received a mobile phone from E at the time of the above time. After that, the defendant was aware of the fact that the defendant was not a mobile phone and returned it to the above time room, and there was no intention of deception or illegal acquisition.

B. G has made a statement at an investigative agency and this court as evidence of the above charged facts, and according to this, the fact that the Defendant received a cell phone owned by E from E at the date and place specified in the charged facts, is recognized.

However, the circumstances acknowledged by the evidence duly adopted and examined by the court, namely, ① F put the instant mobile phone at the new wall on March 6, 2014 on behalf of the victim, there is no evidence to deem that the Defendant was aware of the fact that another person’s mobile phone was kept in the front door, ② the Defendant reported the loss of his own mobile phone on March 7, 2014; ③ the Defendant returned the aforementioned mobile phone to the front door on March 29, 2014; ④ G submitted to the court after the instant indictment, a written withdrawal to the effect that “this case was damaged by mistake between the Defendant and part-time students,” and ⑤ the Defendant.