A. In the absence of an infringement of ownership of the instant vehicle, the lower court erred by misapprehending the legal doctrine on larceny.

B. The sentence sentenced by the lower court (4 months of imprisonment and 1 year of suspended sentence) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine as to the assertion of misunderstanding the legal doctrine refers to the removal of the possession of the object owned by a person other than that possessed by another person against the possessor’s will, and the removal of the object from one’s own or a third party’s possession.

In addition, the intention of illegal acquisition necessary for the establishment of larceny refers to the intention of excluding the right holder of another person's property and to dispose of it in accordance with the economic usage, such as his own property, and it merely infringes on the possession of another person.

As a result, larceny is not established. However, if there is an intention to infringe on the ownership of, or equivalent right to, property, it is not necessarily necessary to possess it permanently, and whether it is an intention to acquire only the value of, the object itself or its intent to acquire it.

Therefore, there is a circumstance that the act of taking a certain thing against the will of the possessor would result in the benefit of the possessor, or there is an estimated consent of the owner.

there are circumstances to consider

Even if there are other special circumstances, it cannot be deemed that there is no intent to obtain unlawful acquisition solely for such reasons (see Supreme Court Decision 2013Do14139, Feb. 21, 2014). 2) The following facts are acknowledged according to the facts recognized by the lower court and the evidence duly adopted and examined by the lower court.

A) The Defendant, who operated the individual company “H” (hereinafter “H”), was the owner of the instant vehicle, along with D, who was an employee of the said company around May 2012.