The prosecutor's appeal is dismissed.

1. 항소이유의 요지 피해자는 핸드폰의 전원을 켠 상태에서 피고인 운전의 택시에 핸드폰을 두고 내렸고 이를 인식하고 바로 전화를 걸었으나 신호가 가다가 전원이 끊겼다고 진술한다.

The Defendant alleged that Handphones did not hear the Handphones, and that Handphones were not found in the taxi, and contacted the police by finding the handphones on the top of the next day. In light of the following, the Defendant’s assertion is difficult to believe that, given the characteristics of the Handphones, no power source blocking due to the separation of handphones cannot be prevented; even if the victim was seated on the back of the driver’s seat, even if the Handphones were opened on the back of the driver’s seat, it is difficult for the Handphones to enter the bottom, and the video storage device submitted by the Defendant is deleted for the given time.

According to the evidence, including the statement of the victim, the defendant can recognize the facts charged in this case that the defendant discovered smartphones with the victim in the taxi and prevented and acquired all of them.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case, and such judgment of the court below is erroneous.

2. Determination

A. On April 22, 2013, the Defendant: (a) embezzled the victim’s Handphone (Aphone 4S) in a remote distance in the Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government on Apr. 22, 2013; (b) while the victim D and the victim’s male and child-friendly appearance E are driving in the vicinity of the “nuridong, Yeongdeungpo-gu, Seoul Metropolitan City, in the course of getting off a private taxi and settling the fare by credit card, the Defendant embezzled the victim’s Handphone (Aphone 4S) with knowledge that the victim’s market price is equivalent to one million won; and (c) made the victim’s Handphone by taking off all of the handphones of the victim.

B. The lower court rendered a judgment on the following grounds.

The injured party shall be lost.