절도
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. From May 1, 2014, the Defendant: (a) closed a factory with the name of “E”, under the terms and conditions of a lease agreement entered into between the Defendant and D, on the grounds that the direct factory buildings (including attached buildings) owned by the victim D (hereinafter “D”) located in the Gancheon-gun; (b) failed to pay rent, electricity, and water for industrial use for at least three months from January 2015; and (c) the reason for immediate rescission of the lease agreement occurred from April 2015 to September 30, 2015; and (d) shut down the factory due to the occurrence of the cause for immediate rescission of the lease agreement between D and D, thereby suspending the operation of the factory.
Around October 13, 2015, the Defendant, on the grounds that there was money received from D in relation to the settlement of funds that the Defendant invested in the process of the operation of the factory due to the discontinuance of the operation of the factory due to the foregoing reasons, was stolen with a total of KRW 68,700,000 in total, consisting of KRW 144, 12, 12, and 1,000,000,000, which are the key parts of the equipment owned by D-owned in the aforementioned factory, which were the main parts of the equipment kept in the D-owned in the foregoing factory (hereinafter “one-time key”), around October 13, 2015.
2. Determination
A. (i) The possessor of the instant mechanical device is the defendant, and the act of taking the instant mechanical device from the factory does not constitute a constituent element for larceny.
Luxembourg The Defendant did not move the instant machinery to a place with the intention to use and dispose of it in accordance with its economic usage, but exercised the right of retention to refund lease deposit and beneficial expenses. Thus, there was no intention of unlawful acquisition and the intention of larceny.
B. The relevant legal doctrine of larceny is one of the crimes of robbery by force, which excludes the possession of the victim as well as the crime of robbery, fraud, and attack.