A. Although Defendant A and B had not conspiredd to reclaim the PHC file creation (hereinafter “instant file creation”) that occurred in the construction process of the instant case as indicated in Defendant B and the facts charged, the lower court accepted the facts charged in the instant case and convicted Defendant A of guilty. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The Defendants asserted the misapprehension of the legal principles as to the instant file sculptures as it was processed by the person who dulgizing the files of this case and recycled them into circular aggregates, etc., and thus, the instant file sculptures does not constitute wastes under the Wastes Control Act, and the Defendants’ recycling of the instant file sculptures does not constitute reclamation under the Wastes Control Act. However, the lower court erred by misapprehending the legal principles on the Wastes Control Act, thereby convicting the Defendants, and thereby affecting the conclusion of the judgment.

C. The sentence of the lower court on the assertion of unfair sentencing by the Defendants (Defendant A: 10 months of imprisonment; 10,000,000 won of fine; 2 years of suspended execution; 120 hours of community service; 6 months of suspended execution; 2 years of suspended execution; 3 years of suspended execution; and 10,000,00 won of fine in case of Defendant C’s limited liability company) is too unreasonable.

2. Determination

A. Defendant A and B also asserted the same argument as the grounds for appeal in this case, and the court below rejected the above argument in detail under the title “whether the defendant A conspired” in the reasons for the judgment. In light of the comparison with the judgment of the court below, the judgment of the court below is just, and it cannot be said that there was an error of misunderstanding of facts as pointed out by the defendants. Thus, the argument of misunderstanding of facts between the defendant A and B is without merit.