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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal by the defendant (the factual errors and misapprehension of the legal principle) is that the defendant caused the victim's pocket book to be mistaken as his or her own, and there was no intention or intention of unlawful acquisition to steal it.
Although the Defendant intends to return the victim’s pocket book after becoming aware that he/she had the victim’s pocket book, the Defendant did not constitute the embezzlement of stolen property, since her mother did not delay the time when her mother was Red Maurius and did not express her intent to obtain the victim’s pocket book to the outside.
2. Determination
A. (1) On January 21, 2013, the Defendant: (a) around 16:02, the summary of the facts charged was stolen with a pocketbook consisting of KRW 500,000,000,000,000,000,000,000 won, in cash, KRW 2,000,000,000,000,000 won and KRW 16,000,000,000,000,000 won.
(2) According to the evidence duly adopted and examined by the court below and the trial court, in particular, the CD verification results by the court of the trial, investigation report (related to seizure goods and wallets used by the suspect), and the e-mail CCTV closure photographs, the defendant held a pocket book with the size, form, and color similar to the victim at the time of the instant case; the victim arranged and returned personal items after the completion of calculation in the e-mail calculation unit of this case; and the defendant took a pocket book at the end of the calculation unit; the victim simply calculates the value of the credit card in his pocket book; the defendant calculated the value of the goods by taking out the points of the e-mail card; and put the pocket, receipt, credit card, etc. after setting the points in his hand; and the account board of the victim's pocket discovered immediately after the date of the instant case is mistaken as the defendant's pocket book.