The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Legal principles or misunderstanding of facts are aimed at protecting another person's ownership and right of possession, and it shall be deemed that larceny is not established if any of the ownership or right of possession is not infringed. As long as the defendant has driven the above vehicle with the consent of Hyundai Capital Capital Co., Ltd. (hereinafter referred to as "on the present vehicle"), the owner of the present BMW vehicle (hereinafter referred to as "the present vehicle"), the victim C, the possessor of the present vehicle, did not consent to the present vehicle.

Even if it did not infringe on the ownership of the car of this case, theft is not established.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles or by misunderstanding facts, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. The Criminal Act regarding the assertion of misunderstanding the legal principles or mistake of facts refers to the transfer of the object owned by a person other than himself/herself or a third party to his/her own possession against the will of the possessor.

In addition, the intention of unlawful acquisition necessary for the establishment of larceny refers to the intention of excluding the right holder of another person's property and intending to use and dispose of it in accordance with the economic usage, such as his own property. Although the mere infringement of other person's possession does not necessarily constitute larceny, it does not necessarily mean that there is an intention to infringe on the ownership of property or other equivalent rights, and it does not necessarily require a permanent intention to possess it, regardless of whether it is an intention to acquire the property itself or the value of the property.

Therefore, the act of taking any thing against the will of the possessor.