In light of the fact that the victim consistently stated from the investigation stage to the court of the court below that the victim stolen three of the victim's own ruptures with D and E, and that K's statement conforms to this, the court below found the defendant not guilty of the facts charged of this case, but there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

Judgment

On November 2012, the Defendant consistently purchased a total of 8 points of 700,000 won from the victim of this case, including 3 pactacys of this case from the investigative agency to this court. After that, the Defendant came to know of the result that the victim had a value of KRW 100,000 per piece of money due to his own scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s

On the other hand, as evidence corresponding to the facts charged in this case, there are statements made by the victim, K in the investigative agency and the court of original trial, the victim and K in telephone conversations (Evidence No. 192 pages).

First, the summary of each statement made by the victim in the investigative agency and the court of the court below is as follows: "The victim shown 5 points to the defendant D and E on his own, and 3 persons on the invoice of this case were shown together, but it is not a thing so sold."

Although the Defendant clearly talked that it was “,” the Defendant was stolen with the intention of 8 points, including the intention of spawn, together with D and E.

The following circumstances acknowledged by the Health Team and the evidence duly adopted and examined by the lower court regarding its credibility, i.e., the victim, on the day of the instant case.