The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are only stolen the passbook and card in the park, and there is no fact that the Defendant borrowed the passbook and card in return for the price.

B. At the time of committing the instant crime, the Defendant, as a mentally handicapped person with a second degree mental retardation, was in a state of mental disability, or mental disability.

C. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the facts found based on the evidence duly adopted and examined in the court below's assertion of mistake of facts and misapprehension of legal principles, the defendant was fully convicted of this part of the facts charged, and in full view of the fact that the defendant deposited KRW 70,000 in the account of Han Bank in the name of the defendant, and the defendant not only recognized all the facts charged by the investigation agency, but also stated that "the person who allowed the loan counseling would bring the passbook to the toilet if he would bring the passbook on the toilet in front of the opening of the Tong Park 4, Maro Park," and stated that "the person who allowed the loan counseling would bring the passbook to the toilet."

B. According to the records on the assertion of mental and physical disorder, the fact that the defendant is a mentally disabled person of the second degree is recognized, but in light of the circumstances revealed in the records, such as the background leading to the crime of this case, the details of the crime, and the defendant's behavior before and after the crime of this case, the defendant lacks the ability to distinguish things and make a decision

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

C. An extenuating circumstance where the Defendant’s assertion of unfair sentencing is difficult to make a living with a mentally disabled person; however, the instant crime is punishable significantly in our society by using the instant crime for scaming, etc., and the adverse effect on our society, such as scaming many victims, etc.