The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant misunderstanding of facts cited an open room in the house and sought to return the house to the main owner by finding out the contact point, but there was no contact point in the house, and it did not find the main owner due to no contact point, and even though there was no theft of the victim’s bank, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. The determination of larceny as to the assertion of mistake of fact is established by excluding possession against the will of the owner or possessor of another person’s property owned by him/herself or a third person. The possession under the Criminal Act is a factual basis in which a person actually controls the property and is in the place where the possessor’s de facto control over the property in light of social norms is in existence.

Therefore, the object of larceny is the object of larceny.

In addition, the intention of illegal acquisition necessary for the establishment of larceny refers to the intention of excluding the right holder of another person's property and to use and dispose of it in accordance with its economic usage, such as its own property, and it merely infringes on the possession of another person.

As a result, larceny is not established. However, if there is an intention to infringe on the ownership of, or equivalent rights to, property, it is not necessarily necessary to possess it permanently, and whether it is an intention to acquire only the value of, the object itself or the like.

In addition, theft is established by excluding possession against the will of the possessor unless it is recognized that the possessor explicitly or implicitly consented to the transfer of possession at the time of taking property.