The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the defendant not guilty, even though the defendant sufficiently recognizes that he/she had the intent to infringe on the victim's ownership with smartphones, i.e., the intent to obtain unlawful acquisition.

2. Determination

A. Around November 19:37, 2017, the Defendant: (a) committed a theft of Samsung Gallon A8 smartphone, a victim of Samsung Gallon, who was laid on the sales stand by using the gap in which the victim D was placed in a locking place while conducting inventory management at the one-story store located in Jinju-si B; (b) on November 2, 2017, the Defendant: (c) committed a theft.

B. The judgment of the court below 1 is that the defendant found the above smartphone at around 19:37 on the day of this case, found the above smartphone, found the above smartphone at around 19:44, and around 19:46, there was no telephone, and at around 19:48, there was no telephone, and at around 19:48, there was no telephone from F, and thereafter, G, H, and E was impossible to call because all of the calls were cut out, and the details of the phone were received through additional services at around 20:04, it was found that the defendant obtained the above smartphone, and found the defendant around 20:0, and tried to find the defendant about the above smartphone at around 19:4,00, the defendant asked the defendant to "I do not have any contact," and "I do not request the defendant to return all of the above smartphones to D," and the defendant asked the defendant to "I do not have any contact with the above fact that the defendant was "I will not have any other Hand,".".