The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant merely instructed C to clean up the surrounding areas of the commercial building, and there is no fact that C was ordered by opening the window, etc., to use it as the food stand and cleaning expenses of the security guards by selling them with the scrap metal.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court, it is reasonable to view that the Defendant conspired with B and C to instigate a special larceny.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of mistake of facts as alleged by the defendant.

First, at the time of Jinju, the Defendant exercised the substantive right of possession of H superior families with the delegation of lien from small creditors and lien holders of H superior families (hereinafter “the building of this case”) (However, the Defendant is only a general creditor who has a claim for the construction price in the K-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

Second, in the lower court and the party trial, C made a relatively consistent statement to the effect that “The Defendant and B removed the structures inside a commercial building and sold them to use them for the service expenses. After receiving the instructions from B, it led to the instant crime by obtaining a second confirmation from the Defendant,” and there is no special doubt as to the credibility of the said statement (the trial record 5,59 pages).

Third, at the lower court, D stated to the effect that “A would be a problem after receiving C’s instructions, and therefore, C was permitted by the Defendant before seeing himself. C was approved by the Defendant and B before seeing him, and led to the instant crime.”

(65,66 pages of the trial record) In addition, even Tw which had worked at the office of the lien council at the time of the trial, “the structure of the building windows, etc. of this case to Defendant and B” in the court below.