A. misunderstanding of facts and misunderstanding of legal principles may not be deemed to have been disposed of, even if the Defendant, as indicated in the facts charged, only kept 500 tables for C’s possession (hereinafter “instant show”) and disposed of.

Since it cannot be deemed that there was an intention of illegal acquisition, it cannot be said that there was an intention of illegal acquisition, it cannot be said that larceny can not be established.

Nevertheless, the judgment of the first instance court that found the defendant guilty of larceny is erroneous in misunderstanding of facts and misunderstanding of legal principles.

B. The sentence of imprisonment (10 months of imprisonment) of the judgment of the first instance court on the accused of unfair sentencing is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in the first instance trial, and the court of the first instance rejected the Defendant’s assertion in its detailed statement on the item “as to the Defendant’s assertion” and found the Defendant guilty of this part of the facts charged.

A thorough examination of the above judgment of the court of first instance by comparison with the evidence duly adopted and examined at the court of first instance. ① The defendant did not have any prior relation with the victim C in connection with the conclusion and movement of the sales contract for the show of this case, ② the victim was using the same office as the defendant, and the victim's employee was living in the above office, so the defendant was not able to notify the victim of the purchase and sale and movement of the show of this case through his employee, and ③ the defendant was not able to keep the show of this case in advance during the process of concluding the sales contract for the show of this case, ③ there is no clear fact that the defendant did not say that he would keep the show of this case to D working-level E, the other party to the sale and purchase contract for the show of this case. ④ The defendant was not able to be able to keep the show of this case.