The defendant shall be innocent.

1. The summary of the facts charged is the taxi driver who belongs to B.

On April 24, 2017, the Defendant: (a) taken a victim who d'D' restaurant located in Suwon-gu Busan Metropolitan City, as a customer, into the destination; and (b) discovered a cell phone with the victim's knowledge at the back of the d' D' restaurant; (c) taken the victim as the customer; and (d) discovered one cell phone with the victim's knowledge at the front side of the d' D' restaurant located in Suwon-gu, Busan;

Although the defendant returned the above mobile phone to the owner, he did not receive the victim's telephone intentionally, but did not follow necessary procedures such as returning the victim with respect to E mobile phone of 130,000 won at the market price to the owner of the mobile phone, and embezzled the property that he had the victim's possession.

2. According to the evidence duly adopted and examined by the court below, the defendant visited the victim's mobile phone after finding the victim's mobile phone, so long as it did not reach the victim's cell phone, the victim became aware of the victim's mobile phone location and the contact information of the defendant, and the victim became aware of the victim's mobile phone location and the defendant's contact information through the person related to the D cafeteria, and at least 4 and 5 days from the date of loss. In light of the above acknowledged facts, the evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the defendant embezzled the victim's mobile phone with the intent of illegal acquisition, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.