The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not bring three computers and one telephone (hereinafter “victims of this case”) owned by the victim, and even if the defendant brought about the damaged goods of this case in the course of moving the office, he was misunderstanding and bringing about the damaged goods as owned by him, and thus there was no intention of thief and illegal acquisition.

Nevertheless, the court below found the defendant guilty and erred in misunderstanding of facts or misunderstanding of legal principles.

B. Even if the judgment of the court below was found guilty of unfair sentencing, the punishment imposed by the court below on the defendant (the fine of 2.5 million won) is excessively unreasonable.

2. Determination

A. The judgment of the court below 1 on the assertion of mistake of facts and misapprehension of legal principles: (a) the circumstances acknowledged by the evidence duly adopted and investigated by the court below; (b) the defendant set up the victim's books, chairs, etc. lawfully; (c) temporarily used the office in which the victim had installed the computer without the consent of the victim; and (d) the defendant set up a call to the effect that the victim did not have a computer and telephone system; and (e) his employee had a computer and telephone system together with the defendant's goods after moving the office; (c) the victim demanded to return the computer and telephone system directly to the defendant; (d) there are no special circumstances to deem that other person other than the defendant had invaded the office in which the victim was using; and (d) even according to the defendant's assertion, the defendant's employee under the direction of the defendant did not check the ownership of the article in his office and transferred it to the victim or E.