The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant: (a) aware of the fact that he did not receive KRW 900,00 from the victim for Onnuri gift certificates in three gift certificates (30, a total of 90,000 won per sheet); and (b) instead, the Defendant did not intend to commit a theft; (c) in particular, the Defendant did not collect four gift certificates from the victim’s bank as stated in the facts charged of this case; and (d) instead did not collect three copies of gift certificates from the victim’s bank, and thus, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The lower court consistently stated that the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: ① At the time of the instant case, the victim stated in the investigative agency and the lower court that “The victim was 12 Onnuri gift certificates at the victim’s bank at the time of the instant case, but the victim helps another person purchase Onnuri gift certificates at the D association without the victim’s consent, and the Defendant alleged that four gift certificates out of the bank were the victim’s own bank and claimed that the Defendant was the victim’s own bank and deducted him, and that the Defendant did not have eight gift certificates at the victim’s bank immediately after the instant case was confirmed; ② the Defendant also stated that the victim’s household gift certificates were deducted from four gift certificates at the victim’s bank at the investigative agency (the evidence records). ③ The Defendant intentionally stated that the victim did not have the victim’s household gift certificates without the victim’s consent, in full view of the fact that the victim’s household gift certificates were stolen.

Therefore, the defendant's assertion of mistake.