A. Fact-finding (as to each larceny), the Defendant was aware that the Defendant, with respect to the larceny crime committed on November 201, 2013, was owned by this B, such as string air-conditioners, etc. (hereinafter “the instant goods”). On April 4, 2014, in relation to the crime of self-thief, he was aware of the possession of the instant goods in front of the Palma Party, which was kept in custody in the Palma Party, as well as the possession of the Z religious organization, established by B, and delivered the said goods upon request by B to bring them to the owner of the said goods. As such, the Defendant cannot be recognized as the intention of larceny or illegal acquisition.

Nevertheless, the court below erred by misunderstanding the facts that found guilty of each of the above charges.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts under the relevant legal principles refers to the removal of possession from possession against the will of the possessor and the transfer of possession to himself/herself or a third party. Although the right to claim delivery, etc. according to the agreement is acknowledged, theft is established by the act of excluding possession against the will of the possessor unless it is acknowledged that there was the explicit or implied consent of the possessor on the transfer of possession at the time of possession at the time of possession (see Supreme Court Decision 2009Do5064, Feb. 25, 2010). The intention of unlawful acquisition refers to the intention of excluding the right holder and disposing of another person's property like his/her own property. It is not required to have the intention to use and dispose of another person's property permanently. Even if the possession was deprived of another person's possession for the purpose of temporary use, the use of the property itself is consumed to an economic value or it is in possession for a considerable time or its original purpose.