2. The fact that a criminal judgment already became final and conclusive on the same factual basis of the judgment is a flexible evidence, and thus, it cannot be recognized that the facts are contrary to the circumstance, barring any special circumstance where it is difficult to adopt a factual judgment in the criminal trial.

Therefore, according to the records, the defendant is not guilty of having received the key of D's automobile from E in the apartment parking lot, but has been indicted for having D's driving in a cafeteria located in the early and irregular restaurant located in the Busan Dong-dong-gu, Busan, for the suspicion that D's driving away from D's driving and a final judgment of conviction (Seoul High Court Decision 2012No2874, Supreme Court Decision 2013Do1196, Jun. 25, 2009). The defendant's assertion is without merit, since there are no special circumstances to deem it difficult to adopt a factual judgment of the above final judgment.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.