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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant thought that he directly transferred the black PC, and that he would immediately return the black PC by phone from bank employees, and that it is somewhat unreasonable to think that the Defendant had to have been possessed by the police box solely on the ground that the Defendant was a public official. If the Defendant was to steal the black PC from the beginning, he did not withdraw the cash from the cash withdrawal machine in which CCTV was installed, or did not reveal the face. In view of the fact that the Defendant naturally used the black PC without any intention to obtain it, the lower court did not err by misapprehending the fact and adversely affecting the conclusion of the judgment.
B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the intention of unlawful acquisition necessary for the establishment of larceny means the intention to exclude the right holder and to use and dispose of another person's goods as his/her own property, and as long as the defendant is not led to the intention of internal deliberation, the intention of such unlawful acquisition shall be determined by taking into account the objective circumstances before and after taking the pertinent goods.
The court below's duly admitted and examined evidence and its evidence found goods among others while conducting financial transactions through cash withdrawal, i.e., ① in case where other persons discovered goods with a different person while conducting financial transactions through cash withdrawal, it would immediately go through cash withdrawal to find the lost goods, and thus, it would normally be reasonable to immediately inform the relevant bank that manages cash withdrawal, or to view only one person's business without taking necessary measures, as it is, by means of applying mutatis mutandis the principle of no taxation. In other words, the defendant brought the victim's PC without taking any measures. (ii)