The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the court below found the defendant guilty of the thief by mistake of facts and misapprehension of legal principles, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, theft under the Criminal Act refers to the transfer of property owned by a person other than himself/herself or a third party to his/her own possession against the will of the possessor.

In addition, the intention of unlawful acquisition necessary for the establishment of larceny refers to the intention to use and dispose of another person's property in accordance with its economic usage, such as his/her own property, by excluding his/her right holder, and thus, it does not constitute larceny merely because he/she infringed on another person's possession. However, if he/she intends to infringe on another person's ownership or equivalent right, it does not necessarily require the intention to permanently hold the property, and regardless of whether he/she is the intention to acquire the property itself or the value of the property.

Therefore, even if there are circumstances to deem that the act of taking a certain object against the will of the possessor constitutes the benefit of the owner as a result of the act of taking it against the will of the possessor, or that there is an presumed consent of the owner, barring any special circumstances, such circumstance alone cannot be deemed as having no intent

In addition, even though it is for the purpose of securing bonds, larceny is established by the act of excluding possession against the will of the possessor, unless it is recognized that there is an explicit or implied consent of the possessor with respect to the transfer of possession at the time of acquisition, and in such a case, it is illegal acquisition, unless there are special circumstances.