A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of embezzlement is acquitted.

A. The judgment of the court below which found guilty of each of the facts charged in this case of mistake of fact is erroneous as follows, which affected the conclusion of the judgment.

(1) Fraudulent part: The defendant does not have any fact that he was under custody of the victim C by deceiving the victim C, as shown in the above facts charged, and was delivered the fall or scambling.

② The embezzlement part: It is true that the defendant received and kept the freezing of this case that was returned by the victim F around January 12, 2008 by the victim F.

It is also true that the defendant, immediately after that, imported the freezing snife in Korea around June 2008.

However, the above defendant imported to Korea around June 2008, however, it was another object other than the freezing fallen which the above victim returned.

In addition, the defendant did not dispose of the above freezing place that the above victim returned or provided as a security for the payment of storage fees.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The lower court found the Defendant guilty of all of the charges of fraud and embezzlement relating to the fall and misappropriation amounting to KRW 35,329,00,00 among the charges in the instant case.

However, the lower court determined that there is no evidence to acknowledge the fraud of considerable portion of KRW 39,749,000 among the facts charged above, such as abortions exceeding the market price of KRW 35,329,00, and that there was no evidence to acknowledge it, and found the Defendant guilty of the fraud of the above amount of KRW 35,329,00,00 in relation to the crime, the lower court acquitted the Defendant on the ground that it did not separately sentence innocence in the order.

The judgment of the court below on the ground of mistake of facts and unreasonable sentencing. Although the whole of the judgment of the court below, including the acquittal of the above reasons, including the acquittal of the above reasons, was judged by the court below, it is limited to the fraud and embezzlement of KRW 35,329,00 in the market price, and the acquittal of the reasons is subject to the judgment.