The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (with regard to the portion not guilty) The victim made a detailed statement about the process of holding the precious metal, the place of storing the precious metal, the number of damaged articles, etc. while the victim's statement is acknowledged to be reliable. However, in light of the fact that there is no consistency in the statement as to the number of damaged articles, such as the reversal of the statement about the number of damaged articles, the defendant could sufficiently recognize the fact that all nine precious metals of this case were stolen as stated in the facts charged, but the court below found the defendant not guilty of five of the nine precious metals of this case.

B. The lower court’s sentence that is unfair in sentencing (five million won in penalty) is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in the instant case is well-known for the Defendant, and the victim C was a family registry with which the Defendant employed the Defendant, and at the time of the occurrence of the instant case, the Defendant appeared to work every day at the victim’s home every day.

On January 26, 2016, the Defendant: (a) cut off two typoids in Sungnam-gu, Sungnam-gu, Sungnam-gu, 107 Dong 1204, where the victim was his residence; (b) two typoids in a brupt cremation in another brupting cremation; (c) two b (three sons); (d) two b (two sons); and (e) two 14 kms.

On February 2, 2016, the Defendant stolen one marriage half-way which was in a compromise with the victim's outward at the same place.

Accordingly, the Defendant stolen 9 half of the total amount of KRW 3 million owned by the victim on two occasions.

B. Of the facts charged in the instant case, the lower court cut off the Defendant’s “one half-half of the peldle peld, two two of the two peldle pelds, and one half-half of the 14k gold bars at the same place on January 26, 2016, and theft one of the marriage pelds at the same place on February 2, 2016.

“With respect to this part, the date and time of theft, etc. of the above damaged goods.”