A. The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, on the grounds that the defendant stolen two copies of the cashier's checks of KRW 100,000 (hereinafter "the cashier's checks of this case") from H Bana in the Republic of Korea.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In a case where the defendant made a statement in the investigative agency or the court to acknowledge the facts charged against the assertion of mistake of facts, the credibility of the confession should be determined in consideration of the following: (a) whether the content of the statement objectively lacks rationality; (b) the motive or reason of the confession; (c) what is the motive or reason of the confession; and (d) what is the circumstance leading to the confession, and whether there is any

(See Supreme Court Decision 2006Do5407 delivered on November 23, 2006, etc.). The Defendant asserts that, while the investigative agency denied the facts charged of H death or part of the charges, the Defendant made a confession of the whole facts charged at the court of original instance, and then, the Defendant did not reverse the previous statement and did not steals the cashier’s checks of this case.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) it is difficult to understand that the defendant, who already experienced several times of punishment for the same kind of crime, made a false confession while under consideration of his/her punishment, (ii) it is judged that the confession of the defendant was made under the guarantee of voluntariness within due process, (iii) it is judged that the confession of the defendant was made under the guarantee of voluntariness within due process, and (iv) the defendant committed the crime in F bath.