The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is found to bring about the mobile phone to return the main owner, and there was no intention of larceny or illegal acquisition.

Nevertheless, the judgment of the court below convicting the Defendant of the charge of larceny on the ground that the Defendant had the intention of larceny and the intention of unlawful acquisition was erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In the trial court, the prosecutor changed the name of the crime from “thief” to “the embezzlement of stolen stolen objects,” and the applicable provisions of law from “Article 329 of the Criminal Act” to “Article 360(1) of the Criminal Act,” and applied for the amendment of the indictment with respect to which the facts charged are changed as stated below, and the judgment of the court below is changed to the subject of the trial upon permission. Thus, the judgment of the court below cannot be maintained

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

[다시 쓰는 판결] 범 죄 사 실 피고인은 2014. 10. 24. 14:47경 서울 종로구 C에 있는 D호텔 지하주차장에서, 피해자 E이 주차요금을 정산하면서 깜빡 잊고 그곳 무인발급기 주차요금 정산소 위에 두고 간 시가 100만 원 상당의 삼성 갤럭시S5 스마트폰을 습득한 후, 피해자에게 반환하는 등 필요한 절차를 밟지 아니한 채 자신이 가질 생각으로 가지고 가 이를 횡령하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, and part of witness H’s legal statement;

1. CCTV photographs recorded on a criminal record;

1. Application of the detailed statement of currency and text message to Acts and subordinate statutes;

1. Article 360(1) of the Criminal Act concerning criminal facts and the choice of punishment