The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the larceny of this case in mistake of facts, the Defendant did not have any intention to obtain illegal gains from the Defendant at the time because the Defendant later received the two shares, etc. as stated in the judgment of the court below with the intent to pay the victim E.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) With respect to the assertion of mistake of facts, the intention of unlawful acquisition in larceny of relevant legal principles is deemed to have the intention of acquisition even if the intention of acquiring the ownership or equivalent right is not required permanently to possess the economic benefit of the object permanently. In the event that the property of another person is used without the consent of the possessor, that is, the intention of acquiring the ownership or equivalent right is to acquire only the value of the substance. In a case where the property of another person is used without the consent of the possessor, it shall be deemed to have the intention of infringing the ownership or equivalent right on the ownership, deeming that the defendant has the intention of acquiring the property by arbitrarily taking advantage of the economic value of the property in itself into other place than the original place or using it in a case where the property was used without the consent of the possessor, or it is in possession of the property in the long time without the return (see, e.g., Supreme Court Decision 2010Do9570, Aug. 18, 2011).

Examining these circumstances in light of the above legal principles, it is recognized that there was an intention of unlawful acquisition by the defendant, such as infringing on the victim's ownership of the two shares stated in Paragraph (2) of the crime committed in the judgment below, and thus, the defendant

(1) The defendant around March 3, 2015, the preceding day, shall be the defendant.