The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts was requested by I to keep the natural stone in this case, and did not purchase the natural stone in this case from the victim G.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

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

2. Determination

A. The court below made a statement to the effect that "the victim would purchase the natural stone of this case," consistently from the investigative agency to the court of the court below, to the effect that "the victim moved the natural stone of this case to 25 tons truck 22 tons of the defendant's official land of the park cemetery operated by the victim (No. 51 of the public trial record, No. 8 of the evidence record)," the above statement is credibility in accordance with the statement made by the witness I of the court below (No. 62, 64 of the public trial record) and the statement made by I of the transaction statement (No. 28 of the evidence record) prepared by I of the court below, which transport the natural stone of this case to the official land of the park cemetery of this case. The witness J of the court below made a statement to the effect that "the defendant's use of the natural stone of this case, which was stored in the grave land of this case for the purpose of the use of the stone of this case for the purpose of the defendant's restoration to the original state of this case."

The above statement is consistent with the photographic image (Evidence No. 63 of the evidence record) taken of the instant park cemetery, and there is no circumstance to suspect its credibility, and ③ the Defendant appears to have used part of the natural stone in the landscape of the instant park cemetery. The evidence is recorded.