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(영문) 부산지방법원 2013.08.23 2012고단9709

특수절도

Text

The Defendants are not guilty. The Defendants publicly notified the summary of the judgment of innocence of this case.

Reasons

1. The summary of the facts charged is as follows: Defendant A was the former president of the Volunteers, a volunteer chain established for the purpose of supporting persons of distinguished service to the State; Defendant B was the former president of the Fdong District.

Defendant

A, on October 28, 2010, was missing from the presidential election of the president of the Fj on the presidential election, and Defendant B and two others filed a lawsuit to nullify the presidential election with the Busan District Court on November 30 of that year.

However, on December 9, 199, Defendant A was subject to a decision to suspend the president’s authority in an emergency society on December 9, 200, Defendant A voluntarily released the meeting minutes of the election commission regarding the qualification of representatives who participated in the competition of the above president and intended to submit them to the above court.

At around 19:20 on December 14, 2010, the Defendants: (a) opened the stack in the first floor of the building; (b) opened the key repair hole; (c) opened the said stack by Defendant A; and (d) had the said mechanic remove and pay back the digital lock device of the said F Secretariat’s entrance; (c) had the said gate repair hole enter the said 3th floor; (d) had the said gate remove and remove the digital lock device of the said F Secretariat’s entrance; and (e) entered the said office and entered the victim F-owned computer 2, 2, 2008, 2, and 2,009 account books of account.

As a result, the defendants stolen the victim's property together.

2. Determination

A. It is established that the criminal of larceny moves the property possessed by another person with the intention of unlawful acquisition under his/her control against the possessor’s will (see, e.g., Supreme Court Decision 89Do28, Jun. 13, 1989). On the other hand, there is no intention of possession, and it is difficult to recognize the sole possession of a corporation without the intention of possession. It is only recognized as possession by the representative, etc.

B. First, all the articles on which the Defendants committed theft (hereinafter “instant documents, etc.”) are written as the victim’s corporation (hereinafter “victim’s corporation”).