A. The sentence sentenced by the prosecutor (one year of suspended sentence in six months of imprisonment) is too unhued and unfair.

B. Defendant 1 is not guilty of larceny, since the Defendant, by agreement with the victim C Co., Ltd. (hereinafter “C”) and D Construction Co., Ltd. (hereinafter “D Construction”), made preparations for construction for E new construction (hereinafter “instant construction”) and did not constitute a crime of destruction. As such, in the process of preparing the construction, the Defendant used electricity with the victim G’s permission during the process of preparing the construction, and thus, it does not constitute larceny.

Nevertheless, the judgment of the court below which found all of the facts charged in this case guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of mistake of facts based on the evidence duly adopted and examined by the lower court, i.e., the following circumstances, i., ① the Defendant, using the position of the vice-chairperson of D Construction, mediating the conclusion of the construction contract for the instant construction project between C and D Construction, and performing administrative duties with regard to the instant construction project, such as changing the contractor to D Construction, and performing the construction permit and the submission of the start-up report, etc., but only using the vice-chairperson under the implied understanding of D Construction, and was not an officer or employee of D Construction; ② the Defendant was granted the authority over the instant construction beyond the authority to conclude the said construction contract or perform administrative duties by proxy.

It does not seem that there is no evidence to be seen, ③ the Defendant, at its own expense, did not receive construction funds from D Construction or C, installed containers and performed construction works, such as concrete packaging, and ④ The Defendant also independently does so at the investigative agency.