The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no intention of unlawful acquisition since the defendant brought the cell phone of this case to return it to the victim of mistake of facts.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

(a) The expression "an intention of unlawful acquisition necessary for the establishment of larceny of mistake of facts" means an intention to use and dispose of another person's property together with his own property, excluding the rightful person;

(2) In light of the evidence duly adopted and examined at the lower court’s judgment, the Defendant did not receive a multiple calls to find the instant mobile phone, and it can be recognized that the instant mobile phone was returned only after one month from the date the instant mobile phone was brought to the police, and if the Defendant did not appear to have any particular fact in order to return the instant mobile phone to the victim, it is deemed that there was an intention to obtain unlawful acquisition by the Defendant.

Therefore, the defendant's above assertion is without merit.

B. Comprehensively taking account of all the sentencing conditions stated in the records and arguments of the instant case of unfair sentencing, the lower court’s punishment is too unreasonable and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.