The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for four months.

However, from the final date of this judgment.

1. Summary of grounds for appeal;

A. The prosecutor’s grounds of appeal 1) The prosecutor’s investigation agency of C and each statement at the court of the court below in the lower court are consistent in that “C became aware that the Defendant was not the owner of the instant pop-up tree after July 8, 2012, which was the date of extraction of the instant pop-up tree (hereinafter “the instant pop-up tree”) in the front of the Down-gun branch of the Chungcheongbuk-gun branch.” Therefore, the credibility of the statement is recognized.

B) On the other hand, on July 7, 2012, the Defendant notified C of the fact that “the Defendant’s statement” was not to extract the instant poppy, i.e., the following circumstances: ① the Defendant’s statement by deceiving C as the lawful owner of the instant poppy, and received the down payment from C, as if he were the lawful owner of the instant poppy; immediately after the conclusion of the negotiations on the purchase and sale with H representing the actual owner of the instant poppy, it is difficult to view that C was not the Defendant’s possession of the instant poppy; ② the Defendant’s statement by the investigative agency was not found to have been notified of the fact that “the instant poppy was not the Defendant’s possession; ② the Defendant’s statement by the investigative agency that “if determined the price to be KRW 180,000,000 per year, it was difficult to view that the Defendant’s statement was not the other party to the transaction negotiation; ③ the Defendant’s statement was made to C at least 130 hours after the instant poppy.