The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is that the defendant is too much able to keep the criminal name of larceny and be able to sleep.

The court below asserts to the effect that “A person was guilty even though he did not commit the larceny,” and the court below found him guilty.

2. Determination

A. In the trial of the party, the ex officio judgment prosecutor: (a) “thief” in the instant criminal name from “thief” to “Embezzlement of possessory items”; (b) Article 329 of the Criminal Act in the applicable legal provision to “Article 360(1) of the Criminal Act”; and (c) “The instant criminal name was stolen by having it in the facts charged.”

The term "B" and he embezzled the property that has left the possession of another person.

The "Application for Amendment to Bill of Indictment" was filed, and since the subject of the adjudication was changed by this court's permission, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake of the above facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. The lower court found the following circumstances revealed by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of fact: ① discovered that the Defendant’s Handphone (hereinafter “Handphone”) was placed in the above taxi on May 28, 2016 after getting off the taxi that the Defendant was driving at around 10:00, and on the same day, expressed the Defendant’s intention to request the Defendant to return his handphone by using the handphone number around 10:20; ② the Defendant returned the handphone.

The defective victim continued to contact the defendant at the place where he works, and from the same day until 11:40 on the same day, there was no contact from the defendant, and the victim is not distorted and distorted by the phone using his own fee. The defendant is the victim from around 11:10 on the same day to about 5 minutes from around 11:10 on the same day at the place where the damaged person works.