The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case.

misunderstanding the gist of the grounds for appeal: The embezzlement of abandoned articles in possession that the defendant acquired the foreigner registration certificate of this case on April 15, 2016 and the arrest of the defendant as an offender in violation of the Immigration Control Act is around 06:24 of the same month if he/she was arrested on April 17, 2016, and the period during which the defendant held the above foreigner registration certificate is not the framework.

Since the Defendant was an illegal resident, it was impossible to find the owner of the above alien registration certificate in an official manner. The above alien registration certificate did not indicate that it would be placed in the friendly box when it was difficult to do so, and even if such entry was made, the Defendant could not take the above measures because he did not know the Korean language or English. The Defendant was at a meeting between 2 and 3 times on Sundays 4 and 5 on Sundays 15 on a month. The Defendant was arrested on April 15, 2016 (gold) and was arrested on April 17, 2016 on April 17, 2016, and thus did not have an opportunity to find the owner through the above community.

Since the name and face of the owner of a foreign registration certificate are clearly different from that of the defendant, the defendant was in possession of the above foreign registration certificate in order to use it unlawfully.

shall not be deemed to exist.

Therefore, there is a criminal intent of embezzlement of departing articles in possession on the sole ground that the defendant possessed another person's foreigner registration certificate during the time when the defendant became aware of his/her identity.

Recognizing this part of the facts charged, the lower court erred by misapprehending the facts.

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

Ex officio decision: The summary of the violation of the Immigration Control Act among the facts charged in the instant case was entered into the Republic of Korea as a short-term business visa on March 19, 201, and the period of sojourn was up to July 10, 201. However, the Defendant exceeded the scope of the period of sojourn and stayed in the Republic of Korea until now.

. Determination.