The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim's right to 150 masts which was awarded by the auction of movable property is existing inside the 250 masts of the Ipit, and the right to sell D to D is not awarded by the victim but owned by the defendant. Thus, the judgment of the court below which recognized that the defendant sold the 250 masts molds to D as larceny is erroneous.

2. Determination

A. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by the court below and the court below.

1) According to the protocol of auction and delivery of corporeal movables submitted by the victim, the victim acquired all corporeal movables in the first stage of the operation of the Defendant who was in Bosa-gun P, and the list includes the 50 foot mold and the 150 foot mold. From the investigation agency to the court below, the victim, who acquired the ownership by means of a blanket auction in the amount of KRW 21 million, brought about the successful bid by the Defendant and his family members. After agreement that the Defendant brought about 2,00,000,000 won in cash, 7, and 400, and 400, and brought all other successful bidders. Finally, the victim was removed from the auction to the effect that “the equipment was left in the wind at the time of the auction, while the Defendant did not absolutely bring about the equipment at the time of the auction, the victim became aware of the fact that the equipment was removed by the police at the time of the auction.”

However, the claim relationship which was the cause of auction is null and void, and the J company and the Coal Corporation filed a complaint against it.

At the time of the trial with J companies.