On July 2014, the Defendant: (a) put a dump truck into a dump truck related to the construction of a factory of the victim D; (b) while carrying out soil and sand transport work by inserting it into a dump truck in the soil work contracted by the representative director (F) in a dump forest, other than Sejong Special Self-Governing City C, and (c) completed the construction work on the part of the victim.

However, the Defendant, while carrying out civil engineering works at a nearby construction site, has caused soil and sand to need to do so, committed a theft of soil and sand at the scene of the said victim’s civil construction work.

On April 22, 2015, from around 07:00 to April 17:00, 2015, the Defendant stolen 15 tons of earth and sand from around 07:00 to around 17:00, by loading 10 tons of earth and sand on a dump truck with 15 tons at the site for the establishment of the aforementioned victim’s factory, and shipping them out of the market price of approximately 3:30,00 tons per 30 tons of earth and sand, a quantity of which is 300 tons.

2. Determination

A. The defendant and his defense counsel obtained the permission of E Construction Representative F by the defendant as a supplier of civil engineering works and can take them out only with F's permission.

Because it was believed that there was no intention to commit a theft.

The argument is asserted.

B. According to the witness G, F’s respective legal statements, CDs, and recording records, the following facts may be recognized:

The owner's interest owner of Sejong Special Self-Governing City C and one parcel (hereinafter "the construction site of this case") is H, a representative director, and G, a father of D, was actually involved in the construction project.

D was awarded a contract for work to reduce E with F as representative director, namely, civil engineering works in the construction site of this case, i.e., the reduction of mountain, and to reduce it.

At the time of the contract execution, dump expenses incurred in the removal of earth and sand from mountain after reducing mountain dust were paid by D to E, and there was no determination on how to dispose of the earth and sand.

F. The F.I.D.