The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The victim of the misapprehension of the legal doctrine committed an act of disposal, such as putting the Defendant with precious metal of this case, at the end of the Defendant, and thereby, the Defendant acquired the said precious metal.

Therefore, even if there is room for a defendant to commit a crime against another crime, such as fraud, it cannot be viewed as a thief, so it does not constitute Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine of larceny, which found guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. In determining the misapprehension of legal principles, a dispositive act is to intermediately mediate and connect the final outcome of the mistake on the part of the defrauded by deception of the actor, and the acquisition of property or pecuniary gain by the actor, etc., while the intrinsic characteristic of the acquisition of property by taking advantage of the act of the victim, which is the intrinsic characteristic of the acquisition of property by taking advantage of the act of the victim, and the division of larceny that the actor

Considering the aforementioned role and function of a dispositive act, in cases where it is possible to evaluate that an actor, etc. has acquired property or property benefits through a certain act based on the intent of the defrauded, dispositive act as stated in fraud is recognized (see Supreme Court en banc Decision 2016Do13362, Feb. 16, 2017). Meanwhile, the Defendant pretended that he/she would purchase precious metals from the bank of the victim’s management, thereby taking the dispositive act into account the dispositive act, and taken place in the toilets following the Defendant

If the doping system has escaped with the doping system, it is still under the possession of the victim until it runs away.