The defendant shall be innocent.

The summary of the facts charged in the instant case is that the Defendant discovered and stolen a mobile phone equivalent to KRW 200,000 at the market price, which was set up on the trial table table, within the C convenience store located in Kimpo-si B around July 5, 2013, around 21:45, the Defendant, who is an employee of the Dongpo-si, on July 5, 2013.

The defendant asserts that it was brought to return to the victim to the effect that there is no intention of illegal acquisition.

In light of the fact that the defendant's cell phone was found, even when calculating at the convenience store without hiding it immediately after finding the cell phone, it was viewed as the hand of the cell phone. The defendant's cell phone was contacted with the defendant's father and the victim's father since several hours have not passed since the defendant brought the cell phone, and returned the cell phone (the fact inquiry reveals that there was some uncertainty in the situation of the return of the cell phone since the telephone was lost between July 5, 2013 and July 6, 2013, there was no telephone details between the loss of the cell phone and July 6, 2013, but there was a possibility that the victim stated consistently, and the defendant's father could return the cell phone after confirming the family contact address through the victim's cell phone.) In light of the evidence submitted by the prosecution alone, it is insufficient to recognize that the defendant excluded the right holder and caused the above intent to use and dispose of other person's goods as his own property, and there is no other evidence to prove otherwise.

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the