A. In fact, the Defendant did not have received a request from the victim Han Young Accounting Corporation to return Nowon-gu for business which was paid by the said corporation (hereinafter “the instant Nowon-gu”), and instead, received implied permission to continue to use the instant Nowon-gu even after retirement.

(In addition, it cannot be said that the Defendant had expressed an implied intent to obtain unlawful acquisition of the right to dispose of the North Korea by retiring the Defendant without getting the right to receive a refund of the North Korea.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the statement of witness G of the party trial witness G, the defendant, as a matter of course, retired from the above corporation on April 30, 2008 and returned the above Nowonbuk, and as to this, the defendant was well aware (the defendant also stated that he should return the Nowonbukbuk at the time of retirement from the police). ② The procedure for return of the above Nowonbukbuk was not observed normally at the time of retirement due to the circumstance that the defendant was unable to retire from the above corporation under normal procedure. However, although the above corporation requested the above corporation to return it verbally, the defendant requested the above corporation to return it orally. ③ Nevertheless, the defendant raised a problem against the above corporation about the terms and conditions of retirement or procedure that the defendant had already agreed, and ④ The defendant did not return the above Nowonbukbuk due to this fact; ④ since the above corporation's material information related to the business of the above corporation was contained in the Nowonbukbuk North Korea, in the nature of the business of the above corporation, the above corporation was retired.