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(영문) 수원지방법원 2018.08.08 2018고단1048

절도

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, from September 2015 to April 25, 2017, worked as the head of the Department of Section B (State) and worked as the head of the construction site of the construction site of the construction site of the construction site of the Jung-gu Kag-gu Cral Cows (hereinafter “the instant canal wells”).

B (State) On November 10, 2015, on the part of the victim D (ju), entered into a subcontract agreement with the owner of the said construction project, under which the owner of the said construction project entered into a contract to contract the owner of the instant construction project (hereinafter “instant construction project”).

D During the process of the said subcontracted construction, the construction was suspended on June 30, 2016 after the unpaid amount of KRW 397,240,000, such as the construction seal wage, and the construction was discontinued at the site, and the construction was carried out directly from that time.

Under the Labor Standards Act, B, a direct contracting party, was responsible for paying wages in arrears jointly with D.

The Defendant had the intent to recover some of the additional construction costs by arbitrarily removing and disposing of the amount equivalent to KRW 170,725,060 at the market price of the building site owned by the victim at the construction site (hereinafter referred to as the “construction site re-building”).

On July 22, 2016, the Defendant carried the said temporary site in the same manner as F vehicles in the same manner on the 25th of the same month, including loading the said temporary site to E truck at the above location, and loading it to F vehicles in the same manner.

Accordingly, the defendant stolen the victim's property.

2. The intention of acquisition of illegality necessary to establish the legal principles on the elements for larceny;

that means the intent to use or dispose of another person's goods, such as his own property, by permanently excluding the right holder, and that it is not necessary to permanently hold the economic interest of that goods, but can not constitute larceny only on the sole basis of the infringement of simple possession. It is at least the intention to acquire the substance, i.e., the intention to acquire the substance or to acquire the value of the substance.