The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The grounds for appeal by the defendant on the discretionary judgment are mistake of facts and unfair sentencing.

However, the instant case has a reason for the request for a retrial under Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). The lower judgment was no longer maintained.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

The defendant's argument of mistake is examined below.

【Discied Judgment】 The summary of facts constituting a crime and evidence recognized by the court is identical to the description of the original judgment in each corresponding column of the Criminal Procedure Act except for adding “1. B’s oral statement” to the summary of the evidence of the original judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Determination as to the assertion of the Defendant and defense counsel under Article 347(1) of the Criminal Act of the relevant criminal facts

1. The summary of the argument is that the defendant received a request from the victim to rescue a vehicle that can be withdrawn without changing the name of the victim and provided the victim with a vehicle under custody for the purpose of security, and there has not been any deception by the victim.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim made a concrete and consistent statement from the investigative agency to the court of the trial at the trial at the trial at the trial at the trial, on the grounds that he/she has credibility in the statement, and the victim made a statement that he/she would purchase the sprinks that the name of the defendant could be transferred at the low level, and ② the defendant provided the victim to the investigative agency at the investigation agency.