The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstandings by the Defendant did not have the intention of larceny or illegal acquisition. Of those recognized by the lower judgment as stolen damage, some of those recognized as N, not the victim, brought about under N’s permission, and should be excluded from the stolen damage.

B. Unlike the possession under the Civil Act, the possession of the assistant in possession under the Criminal Act constitutes the possession of larceny. As such, the Defendant takes the scrap metal out with the victim’s participation and permission, the Defendant’s act of taking the scrap metal out of the scrap metal does not constitute the elements of larceny.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court rejected it and found the Defendant guilty of the instant facts charged.

The lower court acknowledged the following circumstances based on the evidence duly admitted and investigated by the lower court, i.e., (i) consistently admitted the victim M to bring about no more than 3 meters of high iron to the Defendant.

The witness N of the court below also stated that the victim and the defendant stated that the victim had a string of less than 3 meters at the Kim Sea Employment Insurance Center as well as the defendant.

(2) The Defendant stated that the Defendant transferred KRW 10.50,00 to the account to the account in return for the statement that the Defendant brought about more than 3m of materials.

However, the victim consistently states that the amount is not the price for the above materials, but the price for the overdue card is the cause of resolving the overdue credit card price. ③ Although the victim's subordinate employee at the time of the Defendant bringing the instant materials did not restrain the Defendant from bringing the above materials, it cannot be deemed that the victim was permitted to bring the said materials. ④ The witness N of the original trial witness cannot be said to have been permitted to bring the said materials.