A. The Defendant’s act of entering and leaving the 3rd floor of the 3rd floor building in Seo-gu in Gwangju, Seo-gu and removed the decoration, etc. installed in the 3rd floor building in Gwangju, with the victim’s consent to the removal of the interior, is justifiable.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. When considering the various circumstances on the defendant's occupation of unfair sentencing, the lower court's punishment (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The Defendant also asserted that it is similar to the above grounds for appeal in the lower court’s determination of mistake, but the lower court rejected the Defendant’s assertion in detail on the summary of the evidence, as well as on the determination thereof.

In addition to the following circumstances acknowledged by the evidence presented by the court below, i.e., ① the owner of the E store and the defendant assigned the key to the store in this case in order to show the store to the lessee, and ② the victim considered that the lease contract for the store in this case was possible, and the defendant merely left the key to the defendant to enter into the lease contract for the store in this case and did not appear to have agreed on the removal of the decoration, etc., the above decision of the court below is justified.

Therefore, the defendant's assertion of mistake is without merit.

B. The fact that there was no criminal power on the Defendant’s assertion of unfair sentencing, and there was a motive to consider the victim’s convenience when the Defendant caused the instant crime, and that the Defendant removed the wall after the instant crime, and separately keeps the decoration, etc.