The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant had been keeping smartphones of this case as an idea to return them to the victim, and there was no intention to acquire unlawful profits or embezzlement.

2. The lower court, after examining F as a witness, directly reporting and observing the appearance, attitude, consistency, clarity, and accuracy at the time of making a statement, etc. of the said witness’s statement concerning the facts charged in the instant case, has credibility.

The decision was determined.

In light of the spirit of substantial direct trial system adopted by our criminal litigation law, the appellate court should respect the first deliberation decision on the credibility of the statement, except in extenuating circumstances, and there is no circumstance to view that the judgment of the court below that recognized credibility in the above witness's statement is considerably unfair.

Comprehensively taking account of the evidence duly adopted and examined by the court below including the above evidence, it can be sufficiently recognized that the defendant acquired the smartphone of this case without returning it to the victim D, and that the defendant embezzled it with the intent of illegal acquisition and embezzlement that he/she owns or intends to dispose of.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.