The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal is that the Defendant, as well as the opphone X mobile phone (hereinafter “instant mobile phone”) cited the Defendant as his own, did not have any intention to commit a theft.

In order to find the owner of the instant mobile phone and ask the client of the instant mobile phone to inform him of the contact point of the instant mobile phone, and seek to return the instant mobile phone by finding the owner of the instant mobile phone again at the B shopping mall, etc., the Defendant cannot be deemed to have expressed his intent to illegally obtain the instant mobile phone.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts.

2. On October 8, 2018, the Defendant: (a) around October 20, 2018, at Seocho-gu Seoul Seocho-gu Seoul store B, caused a theft of one of the Aphone X mobile phones at the market price of KRW 1,360,000, which was placed on the Kaphoneter by taking advantage of the gaps in which surveillance of the victim D(22 years of age and leisure) was neglected; (b) around October 23, 2018.

3. The court of first instance found the Defendant guilty of the facts charged on the ground that the Defendant could have known that the instant mobile phone was not his own, but failed to make an effort to return the instant mobile phone thereafter. Thus, it may be recognized that the Defendant had both the intent to steal the instant mobile phone and the intention to illegally obtain it.”

4. Judgment of the court below

A. The relevant legal doctrine requires that the establishment of larceny is a subjective illegal element and has the intent to obtain it as a subjective illegal element and, in the absence of the intent to obtain it, has infringed on the possession against the possessor’s will, and has moved the object under the possession of himself/herself or a third party.

It is not a crime even if it is committed.

The intention of unlawful acquisition necessary for the establishment of larceny means the intention to use and dispose of another person's property as his own property, and permanently.