절도
The defendant shall be innocent.
1. Around August 2016, the Defendant, at a restaurant located in Seoul E, stolen the following: (a) around 300,000 won in a deposit cooling room, which is the victim’s ownership of the lessor’s victim F; (b) one gas siren in an amount equivalent to 150,000 won in the market price; (c) one of the gas sirens in an amount equivalent to 150,000 won in the market price; (d) one of the 150,000 won in the 150,000 won in the market price.
2. Determination
A. The main points of the Defendant’s and his defense counsel’s assertion are as follows: (a) the former lessee gave five million won premium to the victim and then transferred the premium to the Defendant during the process of arranging the shop; and (b) the latter is owned by the Defendant, and (c) the latter is not owned by the victim.
B. 1) Determination 1) Even based on each legal statement and evidence of the victim F and the former lessee G, it is recognized that it conforms to the Defendant’s defense by substitution as follows, and it is difficult to believe each police’s statement of the victim F with respect to the victim F.
① On May 24, 2014, while leasing the said restaurant to G, the victim received five million won as premium from G in addition to the lease deposit, and transferred the entire collection of facilities in which the facts of the prosecution were entered to G.
② However, the above G decided to give up all of the key money and the premises of the facilities, while allowing the Defendant to take over the above door rapidly due to the failure of one month after commencing the business.
On June 23, 2014, the defendant and the victim entered into a lease agreement on the above restaurant.
③ On July 2016, the Defendant terminated the contract after the expiration of the term of lease to the above store, and transferred the above store to the next side on July 1, 2016, the Defendant brought about some of the above store facilities, such as air conditioners, gas sirens, strings, creambles, crupteds, water storages, etc.
2) In light of the above recognized facts and trading practices on premium, G received the entire collection of the premium to the victim and received the entire collection of the facility containing the facts of the prosecution, and then received the above restaurant from the Defendant.