The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the misunderstanding of facts (i.e., theft of landscaping), the Defendant did not have any intention to commit the larceny since the Defendant perceived that the light stone which is the object of the larceny was not included in the auction property and was owned by himself.

With respect to the theft of Doll iron pole, theft does not constitute a crime of larceny, since it was conducted with the consent of the victim.

B. The sentence of the lower court’s unfair sentencing (2 million won) is too unreasonable.

2. In the indictment No. 1 of the facts charged at the trial, the ex officio determination prosecutor filed an application for changes in the indictment with “14 tons of 15 tons truck owned by the victim D [160,00 won at the market price] to “the 15 tons truck owned by the victim D which was created by tin axiss (160,000 won at the market price).” Since this court permitted this and changed the subject of the adjudication, the judgment of the court below was no longer maintained.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court.

3. Judgment on the Defendant’s assertion of mistake of facts

(a) Title 1;

A. (i) According to the evidence of the argument on the claim, the victim acquired the ownership of land, building, etc., such as Kangwon-gun, Kangwon-gun (hereinafter “instant land”), which was owned by the defendant on July 17, 2015, through auction. The defendant, while keeping the stone stone on the ground of the instant land and preventing soil from flowing out from mountain around February 2015 through March 2015, using a part of the stone stone, creating a stone shed (hereinafter “the stone stone of this case”) (in addition to the stone stone which constitutes a stone shed, the stone stone of this case was altered and excluded from the subject of the indictment as seen earlier).