The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine regarding the part regarding larceny, and by misapprehending the legal doctrine, the Defendant brought out the Nompt North Korea with the consent of N, the representative of the F consumer life cooperative of this case, which is the owner of the Nompt in this case. The complainant merely operated the “D” without any title, and the complainant did not have a legitimate right to possess the machinery and equipment of dental hospitals, such as Nompt in this case, and thus, the Defendant is not subject to larceny.

B. The punishment of 1 deliberation on the sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination:

A. Fact-misunderstanding, misunderstanding of legal principles as to the part of larceny, and misunderstanding of legal principles 1) Criminal Act refers to the removal of possession from one’s possession against the will of the possessor of another and the transfer of possession to one’s or a third party. Although the right to claim delivery, etc. based on the agreement is acknowledged, larceny is established by the act of excluding possession against the will of the possessor unless the possessor’s explicit or implied consent is acknowledged at the time of taking place (see, e.g., Supreme Court Decision 2009Do5064, Feb. 25, 2010). In light of the above legal principles, in light of the following facts and circumstances acknowledged by the first instance court’s duly adopted and investigated evidence, the Defendant committed an act of excluding possession against H, in violation of the intent of the possessor of the instant No. North Korea, which belongs to one’s own possession.

Since the defendant can be determined by a person, theft is established against him.

① During the operation of the “O” as an affiliated hospital, the F Consumer Life Cooperatives (hereinafter referred to as the “Union”) purchased the instant Nowon-gu around February 2013 and kept and used the said hospital.

(2) On the other hand, the above cooperative is authorized to be established under the Cooperative Act with consumer life in the first place, but the cooperative members thereafter.