The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant found the victim’s mobile phone in the ATM studio and was in custody to return it to the victim; and (b) the Defendant did not have any intention to larceny.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment, the Defendant’s allegation on the part of the Defendant is without merit, as it can be sufficiently recognized that the Defendant intentionally brought about the instant mobile phone at the time of the instant case.

(1) At the time of the instant case, the Defendant entered the investigative agency into ATM draft to arrange a passbook.

was stated.

In that sense, according to CCTV images, the Defendant opened the door of ATM flag at the beginning of May 21, 2015 and around 27:33 seconds on May 21, 2015, and discovered the instant mobile phone at the beginning of 11:27:39:0 on the same day, and opening a door at the beginning of 11:28:00 on the same day and confirming the fact that the Defendant opened a door at the beginning of 29:00,000 on the same day, and it cannot be confirmed that the Defendant arranged the head of the Tong.

Considering the time required for arranging the passbook using the ATM machine, the Defendant seems to be out of the ATM machine without trying to arrange the instant mobile phone without finding the instant mobile phone within the ATM machine.

② According to the Defendant’s assertion, if the Defendant found the instant mobile phone and found it to be returned to the main owner, the Defendant initially arranged a passbook for the purpose of entering the ATM base room, and then left the ATM base room with the instant mobile phone. However, the Defendant discovered the instant mobile phone, and immediately left the ATM base room without seeking to arrange the passbook.

This is the mobile phone of this case.