The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is recognized that the defendant concealed the building materials owned by the victim in light of the photograph of the construction materials (the concealment of property against the construction materials) and the statement made by the J investigation agency.

B. The lower court’s sentence of unreasonable sentencing (a fine of five million won) is unreasonable as it is excessively unhutiled.

2. Determination

A. As to the assertion of mistake of facts, the following facts are acknowledged according to the evidence duly admitted and investigated by the lower court. A) In 2007, the Defendant contracted the construction of the building to C (hereinafter “C”) to build a new building on the land in North-gu, Northern-gu, Seoul (hereinafter “instant construction”) in order to build a new building on D land at port.

C subcontracted construction works, such as structural frame, wood, steel bars, concrete, and rain strings, among them, to F Co., Ltd. (hereinafter “F”), and G was actually performing the subcontracted construction work from January 2008 to March 2009, while serving as F’s managing director.

B) When a dispute arises between the Defendant and C due to the issue of construction cost, G is the construction materials, such as containers and jointboards, wood, water pumps, sprinks, and posp, etc. (hereinafter “instant construction materials”).

(C) On March 12, 2009, the Defendant and C ceased construction works without any consent. On March 12, 2009, the Defendant rescinded the contract for construction works, and thereafter, the Defendant Company H (hereinafter “H”).

(C) On October 2009, J, the site director of H, the construction of the instant construction site, sought from K in charge of the instant construction materials to listen to the horses that it is difficult to carry out the construction due to the instant construction materials and requested from G to put it up. However, G was found to have been loaded at one place after organizing the said construction materials. D around October 2009, G discovered that the instant construction materials were dead along with containers at the instant construction site and the Defendant.