All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The sentencing of the lower court (a fine of three million won) is too unreasonable.

1) Comprehensively taking account of the evidence submitted by the prosecutor's allegation of mistake of facts and misapprehension of legal principles, the defendant can sufficiently recognize the fact that the defendant committed a theft by using or destroying 1,397kg, the market price of the victim H-owned company (1,075,690 won per unit price 770,000 won x 1,397kg). Nevertheless, the court below found the defendant guilty only for the above 163,400 won (i.e., a unit price of 760,000 won x 215kg) during the period of the said iron bars, and found the defendant not guilty on the ground that there is insufficient evidence to prove that the defendant used the remaining iron, and that there was no intent of unlawful acquisition. The court below erred by misapprehending the legal principles and adversely affecting the conclusion of the judgment.

As to the assertion of mistake of facts and misapprehension of legal principles on the ground of innocence, the court below explained by the court below as follows: ① the defendant newly purchased iron bars 10 meters and 16 meters in order to use them at the construction site of this case; and the above iron bars remain after the completion of retaining wall construction; thus, the defendant seems not to have any need to use all the iron bars owned by the above company that had been melted by neglecting for a considerable period of time at the construction site of this case; ② on March 2010, the defendant discarded the materials left at the construction site of this case through the waste collection company of building materials; ② there is sufficient possibility that the steel bars owned by the above company were partially included among the wastes; ③ According to the statement in the trade statement (Evidence No. 22), the unit price of the iron bars owned by the above company was 7.6 million won and value-added tax was added thereto.