A. The Defendant was involved in the instant crime in order to obtain a request from A for a mistake of facts or misunderstanding of legal principles that requires money, and the Defendant did not use the money by fraud or by dividing it with A from the beginning, and both acquired money actually belongs to A and used it.

B. The lower court’s imprisonment (four months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. We examine the misconception of facts or misapprehension of legal principles, and the phrase "when there is a mistake of fact, which affected the conclusion of the judgment" as one of the grounds for appeal under Article 361-5 subparagraph 14 of the Criminal Procedure Act means the case where the judgment had been affected by mistake of fact and the case where the judgment had been directly or indirectly affected the constituent evaluation of the crime (see, e.g., Supreme Court Decision 96Do1665, Sept. 20, 196). This part of the allegation is merely an assertion on the facts premised on sentencing as to the motive or circumstance after the crime was committed, and it cannot be deemed that the ground for sentencing had affected directly or indirectly, as seen next, the order of the judgment and the constituent evaluation of the crime of this case cannot be deemed to have affected directly or indirectly. Thus, this part of the argument should not be judged separately.

B. It is recognized that the defendant's assertion of unreasonable sentencing recognizes facts as substitute for facts and reflects the wrongness, and that the defendant has no record of having been sentenced to imprisonment before the crime of this case.

However, the amount of damage is up to KRW 1.2 million, damage recovery has not been made and the victim has not been expressed, and the court below has already determined punishment by taking into account the equality with the case where the judgment of first head of the crime as stated in the judgment of the court below is to be judged simultaneously with the crime. The court below is appropriate.