A. In the lower judgment, the Defendant did not permit L to make a disposition against the red ginseng 510 boxes of the victim C, which was kept in custody.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged has erred by misapprehending the facts.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts, the fact that the Defendant, on January 2012, by forcing L to dispose of the Victim C’s red ginseng 510 boxes under the pretext of payment, such as warehouse rent, is sufficiently recognized.

Therefore, the judgment of the court below is justified, and the defendant's above assertion is without merit.

1) L lending the warehouse of this case to the Defendant and the prosecution (2016da2697 evidence records No. 255 through No. 263) have made detailed and clear statements about L’s disposal process, name, reason, and circumstances before and after the Defendant and the prosecution. The credibility of L’s statement in investigation agency is fully acknowledged as follows. L’s statement is sufficient: (i) under the circumstances where L was not received from the Defendant, such as warehouse monthly rent, transportation cost, and container storage charge, etc., the Defendant would bring money to the Defendant; (ii) the Defendant did not bring money to the Defendant; and (iii) he was ordered to dispose of red ginseng after hearing the statement from the Defendant that the Defendant would be appropriated by disposing of red ginseng even if red ginseng was not brought to money; and (iv) L recorded the Defendant’s words authorizing the disposal of red ginseng; and (iii) introduced this content to L’s contents to the Defendant.

③ L did not dispose of red ginseng at will without the Defendant’s permission because the Defendant knew that it would be a problem if he/she made a disposition without the Defendant’s permission.

(4) L shall be above.