The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (misunderstanding of facts) lies in the embezzlement of a mobile phone of which victim E has deteriorated the back of the taxi, as stated in the facts charged.

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. On July 7, 2015, the Defendant is required to add the place where the Defendant was on board a taxi as recorded in the record ex officio in the area near Jinndong-si in Jinyang-si, Jinyang-si.

Around 04:40 on the same day, a victim E using the above taxi was found to have a mobile phone amounting to KRW 800,000,000 at the back of the city located in Dongdaemun-gu Seoul Metropolitan City, Dongdaemun-gu, Seoul. Around 04:40 on the same day, he/she got in the D taxi and was moving to the Seoul Metropolitan City, Dongdaemun-gu, Seoul.

Accordingly, the defendant embezzled the property that has been separated from another person's possession.

2. Determination

A. The Defendant asserts to the effect that, in the lower court and the trial court, he was aboard a taxi in operation C at the above date and time, no article that was found out of the back is found.

B.1) The record reveals the following: (a) the victim was aboard a taxi driven by C on July 7, 2015 (the day of taxi operation and cell phone location inquiry data); (b) the victim was getting on the taxi driven by C around 03:31 on July 7, 2015; (c) the victim left the taxi near Jinyang-si, Jin-si, Namyang-si; (d) one cell phone was set up in the above taxi; (e) the defendant was boarding the taxi around 04:13 on the same day at around 04:13 on the same day in the vicinity of the Seoul city located in Dongdaemun-gu, Seoul; and (e) C appears to have finished the business on the same day after the defendant was lowered, and the mobile phone lost by the victim was confirmed from the Seoul Si near the Seoul city to 06:39 on the same day.