The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. misunderstanding of facts or misunderstanding of legal principles have paid F a reasonable price to F, carrying the scrap metal and electric cables designated by FF work, and there was no theft of the said scrap metal and electric cables.

In addition, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although there is no objective evidence as to the fact that stolen goods are about 16 tons of electric cable cables equivalent to 101,297,062 won in the market price.

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

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the lower court, the following facts or circumstances are revealed. (A) The background leading up to entering and carrying steel bars, etc. inside E, the ownership of damaged goods, and the status of the said shipbuilding yard at the time are as follows.

(1) The victim OO Co., Ltd. (hereinafter “O”) was sold on June 16, 201, at an auction procedure to exercise real estate security rights in progress through the Changwon District Court through the Changwon District Court, E site, building, machinery, etc. (hereinafter “E”) owned by E Co., Ltd. (hereinafter “E”) and was decided to permit the sale of the said sold object by the auction court on June 23, 201, which is the date of sale decision.

(2) Around that time, the block (it was under construction in E; hereinafter “instant block”) owned by W-W-S-423 block (it was under construction; hereinafter “instant block”) and the owner of the instant high-speed metal (it appears that it was made with the remaining scrap metal, etc. in the process of building a ship at the shipbuilding yard; hereinafter “instant high-speed metal”).

(3) Meanwhile, F intends to sell the block of this case around that time.