The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) is limited to a case where the Defendant was able to take an action against the Defendant, and even if not, the lower court’s punishment (fine 700,000) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, namely, ① the victim boarded a train at around 07:50 on Nov. 26, 2018, around 11:11 to 12 near the Gwangju Air Station, and around the air waiting room for passengers. At the time, the Defendant was seated with the above damaged goods, ② the Defendant boarded the above damaged goods, ② at around 07:56 on the same day, the Defendant used the above damaged goods, and ③ the above damaged goods were placed on his own will, ③ the victim was on the train and the distance between the time when the Defendant moved the damaged goods and the time when the Defendant moved the above damaged goods, and the Defendant could not be aware that the above damaged goods were embezzled at the time of leaving the said goods.

In the same purport, the judgment of the court below which found the defendant guilty of the charge of embezzlement of stolen property is just, and there is no error of misconception of facts and affecting the conclusion of the judgment.

B. The fact that the victim wants to punish the defendant, and the defendant has a record of having been sentenced to a punishment for the same crime, etc. are disadvantageous to the defendant.

On the other hand, when the defendant recognized the crime of this case and the investigation of the crime of this case began, the defendant was the victim.