The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where the Defendant promised to collect a list of occupants inevitably due to the illegality of the written consent procedure conducted by D, and that D’s written consent is corrected to correct the content of D’s notice, etc., the Defendant had no intention to return it at any time, and thus there was no intention to obtain unlawful acquisition.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) The term "misappropriation" under the Criminal Act means the removal of possession of a person other than himself/herself from possession against the will of the possessor, and the removal of his/her or a third party from possession, and the expression "the intention of unlawful acquisition necessary for the establishment of larceny" means the intention to use and dispose of another person's property in accordance with the economic use, such as his/her own property, by excluding the rightful owner.

Therefore, even though the mere infringement of possession alone cannot constitute larceny, it does not necessarily require the purpose of permanently retaining the economic interest of the object, and even if there was a purpose of securing evidence for tort, larceny is established by excluding possession against the will of the possessor, and in such a case, it cannot be said that there was no intention of unlawful acquisition.

(See Supreme Court Decision 2009Do12170 Decided January 14, 2010). B.

The following facts can be acknowledged according to the evidence duly adopted and examined by the court below.

1) The Defendant is the militaryposi apartment (hereinafter “instant apartment”)

(2) As a result of a joint inspection of the actual status of the management of the instant apartment between July 13, 2015 and July 17, 2015, the Gunpo-si and Dongpo-dong representative and Dong representative, and the victim is the above apartment 1016 Dong representative and Dong representative, the victim was the above apartment 1016 Dong representative.