A. Although the Defendant did not have stolen the victim’s inclusion of the stolen amount of KRW 33,105,00,000 as stated in the facts charged, the lower court found the Defendant guilty of this part of the facts charged, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant’s assertion of mistake of facts cannot be accepted, since the Defendant’s inclusion of the victim’s cash KRW 24 million in the safe located in the office of the hotel (hereinafter “instant hotel”) in the victim’s operation prior to the occurrence of the instant larceny crime, and the Defendant’s theft was recognized.

1) The victim consistently stated from the investigative agency to the court of the court below that “Before the occurrence of the instant larceny, the Defendant carried out cash 24 million won in the instant safe.” G, an intermediary manager of the instant hotel, stated in the court of the court below that “Before reporting to the police, the victim included the amount to be reduced to the monthly salary and the customer from the victim at the time of reporting to the police,” in the court of the court below.

The above statement is consistent with the victim's assertion and statement.

3) On September 27, 2018, the victim withdrawn KRW 15 million in cash from his own account on September 28, 2018, and KRW 10 million in cash on September 28, 2018 (Evidence No. 117 pages). This is consistent with the above statement that around September 2018, the victim withdrawn KRW 25 million from his own account and used KRW 1 million as business travel expenses and included the remainder of KRW 24 million in the safe of this case.