Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. The victim E allowed the victim to move the container owned by the victim to C (hereinafter “the container of this case”). Even if the Defendant moved the above container to the Osan site, this cannot be deemed as having been established as a crime of larceny, since it would result in the victim’s defective consent. Thus, the lower court erred by misapprehending the legal doctrine on the consent of the victim.

B. The court below's decision on the grounds of unfair sentencing (5 million won of a fine) is too unlimited and unfair.

2. Determination

A. According to the evidence duly adopted and examined at the court below and the court below's decision in relation to the assertion of misunderstanding legal principles, in particular, the witness E's legal statement, 1) it is acknowledged that the defendant sent the instant container to C at the scene by stating that the victim would transfer the instant container to C, and 2) the victim was aware that the instant container was stored at C, and that the said container was moved to another place, such as the Osan site, etc. at the time of the movement of the container at the time of the movement, and 3) the defendant did not inform the victim of the contents of the container while moving the instant container to C site due to lack of construction site conditions.

Comprehensively taking account of the above circumstances, the Defendant: (a) obtained consent from the victim to move the instant container from C to C site; and (b) arbitrarily moved the container to C site without the victim’s consent; and (c) cannot be deemed to have stolen the instant container; and (d) it cannot be deemed that the instant container was moved to the Osan site with the victim’s defective consent.