The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles 1) The Defendant, at the time and place stated in the judgment below, shall temporarily keep the victim H until he receives the unpaid deposit and overdue charge under the lease agreement.

After the phrase, the victim H did not take the original copy of the lease contract for lessee with the implied permission of the victim H (hereinafter referred to as “the lease contract of this case”) and did not steals it.

2) In addition, the Defendant did not intend to use or dispose of the instant lease agreement, and did not intend to steal the said agreement because it did not actually use or dispose of it.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged is erroneous in the misapprehension of legal principles as to the intention of larceny and the intention of unlawful acquisition.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of misunderstanding of facts and legal principles 1) The defendant alleged the same grounds for appeal of this case at the court below, and the court below explained in detail the defendant's assertion and its judgment under the title of "determination of the defendant and his defense counsel's assertion" as follows. When the defendant brought a lease contract of this case to the court below, the court below made an implied acceptance or consent of the victim H

It is difficult to see the Defendant’s assertion that it was recognized that the Defendant stolen the instant lease contract against the victim’s will, and that it was rejected.

A) From the investigative agency to the court of the court below, the victim H shows that “the defendant has to see the contents of the instant lease agreement.”

On the other hand, the Defendant consistently stated that he was able to bring him into a bank, and that he would return the lease contract to a person who gets away from the Defendant.

B) The Defendant also.