절도
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. On October 2014, before the occurrence of the instant case, B Co., Ltd. (hereinafter “B”) entered into an agreement on the operation and performance of duties with E around October 2014, which was one year prior to the occurrence of the instant case, and entered into a reorganization of the issue of the vehicle return, including the F A-Wn-W-W-W-C (hereinafter “instant vehicle”) owned by the said company. At the time, the indirect possession of the instant vehicle was transferred in the manner of receiving a vehicle lease contract from E. At the time.
In other words, C, an employee of D(hereinafter “D”) of D, used a towing vehicle to tow the instant vehicle.
Even if so, it cannot be deemed that the act of excluding possession against the will of the victim G was committed.
2) Even if the thief’s above act constitutes larceny, the Defendant did not have been involved in the specific method of recovering the instant vehicle, and thus, the Defendant conspiredd with C to larceny of the instant vehicle.
shall not be deemed to exist.
3) In addition, the Defendant did not have any interest in the instant vehicle as a staff member of B, and did not have any actual use of the said vehicle, and there was no intention to obtain unlawful acquisition of the instant vehicle from the Defendant.
4) Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine on the intent of larceny and thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.
2. Determination
A. The Defendant in the facts charged in the instant case is the employee belonging to B’s siren Team, and C is the employee belonging to C’s credit collection team.
E entered into a contract for vehicle operation and performance of duties with B from January 2007, and thereafter, from January 2012 to January 2012, 2012, E obtained delivery of F-A-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn