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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts is in accordance with the practice of the market by lending the goods when there is a shortage of goods to bring about the ice, fry, gambling, and worship of the victim. Since the victim did not actively refrain from doing this act in the injured party, it is erroneous in the judgment of the court below that recognized the facts charged and convicted the defendant, thereby affecting the conclusion of the judgment, even though the defendant did not intend to larceny, it is erroneous in the misapprehension of facts and in the misapprehension of facts.
B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 800,000) imposed on the Defendant is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence on the assertion of mistake of facts, namely, the Defendant, from around 2005, has collected a total of 77 stores, including: (i) the frequency of D market in Mineyang-si C, 12-13 military units, and g7 military units, such as gals and gals.
Within the range of “E” and “E” are approximately 5 meters away from the above “E.”
In the case where “G” is operated, and the husband I of the victim provided active wholesale services to the defendant until June 201, while the victim’s husband I provided active fish wholesale services; ② The victim F entered an investigative agency and a court of original instance where “the market is permitted, but there is no one who provides such services,” and there is no one who enters the market where there is no one who provides such services. There is no such practice in the market. There is a case where the quantities are necessary. There is a case where the Defendant talks about the necessary volume and lends a wholesale. However, there is no difficulty in lending ice because there is no damage in performing funeral services unless there is ice due to the lack of ice in the D market.” The victim’s husband consistently stated that “G” is used to bring about ice to the defendant; ③ The victim in substance operating “G” is necessary in the original trial and the court of original instance.”