The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. In full view of the evidence submitted by the prosecutor, the court below found the defendant guilty of the charges of this case, although the court below found the defendant guilty of the charges of this case, in light of the prosecutor's grounds for appeal (misunderstanding of facts) and the evidence submitted by the prosecutor, that 50,000 won owned by the victim was invaded.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor found the Defendant not guilty, while maintaining the facts charged in the instant case as the primary facts charged, and applying the applicable legal provision to “influence on a structure” with the name of the offense stated in the “Article 319(1) of the Criminal Act” as the “influence on a structure.” The subject of the judgment was changed by this court’s permission.

As examined below, this Court found the Defendant guilty of the conjunctive facts charged, so the judgment of the court below that only the primary facts charged can no longer be maintained.

On January 17, 2015, the Defendant infringed on the said subdivision point by using the above security card at the “E subdivision store” operated by the victim D (hereinafter “instant subdivision store”) located in the Daejeon Seo-gu Daejeon (hereinafter “instant subdivision store”).

Act

B. However, despite the above reasons for reversal of authority, the prosecutor's assertion of mistake as to the primary facts charged is still subject to the judgment of this court, and this is examined.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged is about 06:07 on January 17, 2015, the Defendant: (a) intruded the victim’s possession of a security card of the window at the window of this case operated by the victim D in Daejeon Sung-gu Daejeon-gu, Daejeon-gu, by using the above security card; and (b) invaded the victim with the above security card; and (c) 500,000,000 cash owned by the victim, which is kept in the paper knife knife next to the window.