The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

1. Summary of grounds for appeal: mistake of facts and unreasonable sentencing;

A. The summary of the assertion of mistake of facts 1) As to larceny of the facts charged in the instant case, the Defendant purchased the play equipment “D” from E, and then purchased it from E, the Defendant is the one with a lighting voltage of 60,000 won at the market price, one bridge of 150,000 won at the market price, and one tubes in the amount equivalent to one million won at the market price (hereinafter collectively referred to as the “instant product”).

As such, the Defendant cannot be deemed to have stolen another’s property. Even if the Defendant did not purchase the instant goods, the Defendant thought that he purchased the instant goods at least and took them through G, so it cannot be said that the Defendant had a criminal intent to commit larceny. 2) As to the non-prosecution of the facts charged in the instant case, the Defendant did not have the said contract after the preparation of the standard contract form for private construction works (hereinafter “instant contract”).

Therefore, the defendant, as the victim J submitted the contract of this case during civil procedure, has no memory of the above contract, and there was no copy thereof, so the victim J made an error that it was forged.

As such, the defendant thought that he did not place his signature and seal on the contract of this case at the time of submitting a written complaint to the Daejeon District Prosecutors' Office to the Daejeon District Prosecutors' Office, and it cannot be said that the defendant had an intention to commit a crime without doubt.

B. The decision of the court below on the summary of the allegation of unfair sentencing (the fine of KRW 5,500,000) is too unreasonable.

2. Determination

A. In full view of all the circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s judgment on the charge of larceny among the facts charged in the instant case 1, the fact that the Defendant stolen the instant goods using G that he/she knew of the fact is recognized.