The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is as follows: (a) the Defendant: (b) moved the bicycle in front of the instant freezing warehouse to a place where approximately 53 meters away from it; and (c) the Defendant, without contact address, installed a locking device and did not make any effort to locate a bicycle for eight (8) days; and (d) the Defendant is recognized as an unlawful acquisition intent.

Nevertheless, the court below held that the defendant had an intention to obtain unlawful acquisition.

It is difficult to recognize

In light of the facts charged, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts charged not guilty.

2. Determination

A. The Defendant, around April 24, 2017, found the victim E, who was set up in front of the D warehouse located in Dongdaemun-gu Seoul, Seoul, as the market price lost (hereinafter “instant bicycle”). Around April 24, 2017, the Defendant found one of the U.S. bicycle at the market price (hereinafter “instant bicycle”).

The defendant did not make an effort to return the above acquired property to the police authorities by reporting it to the victim, and embezzled it on his own idea.

B. The lower court determined that the Defendant used the instant bicycle from around 23:19 on April 24, 2017 where the Defendant installed a locking device for the instant bicycle from around 23:19 to May 1, 2017 where the victim’s wife was found to have discovered the instant bicycle, where the Defendant used the instant bicycle as if the Defendant was his own property, by moving the instant bicycle to the alleys adjacent to G where it was difficult for the general public to find.

There is no evidence to see, and the defendant consistently stated that the bicycle of this case was placed a locking device in order to prevent theft.