절도등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is clearly different from the sand site board and the oneknick River board, the mark brought by the defendant is used not only for brick equipment but also for artificial stone equipment, and the contract between the defendant and the injured party is rescinded by the unilateral declaration of the defendant's unilateral rescission.
In full view of all the facts, the judgment of the court below that acquitted the defendant of the facts charged of this case even if the defendant was recognized as the intention of larceny and the intention of unlawful acquisition, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment
2. On November 4, 2013, the Defendant, “2014 high 1145,” in the instant charges, sold to the victim F the scrap metal of his factory in the former Northern-gun E., the victim of the instant charges.
1. On June 2014, the Defendant removed 6 tons of a factory roof strongboard, which is the market value of the victim, sold to the above factory and the victim, from the company, and cut off.
2. On June 29, 2014, the Defendant removed a consortium, which is a man-made machinery and equipment in an amount equivalent to KRW 2.5 million, at the market price owned by the victim, sold to the victim at the above plant and the victim, and stolen it.
On February 2014, the Defendant sold the scrap metal of the closed building in the North Korean territory E to the victim F.
Nevertheless, on August 2014, the Defendant occupied the above closed building and embezzled it by having the shot beamline owned by the victim on the closed building and the steel pipe cut in custody for the victim, while the Defendant was in custody of the scrap metal, such as the shot beamline, the steel pipe pipe pipe, etc. on the closed building, G with approximately KRW 16 million after receiving approximately KRW 16 million from the scrap metal businessman.
3. The judgment of the court below
A. Of the charges No. 1145 of fixed 2014 and 1145, the lower court: (a) purchased human-made machinery and equipment from the Defendant, and then sold them again to F; (b) cut off human-made machinery and equipment with the consent of F that F would not pay the purchase price; and (c) sold them by cutting them into scrap metal with the consent of F.