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(영문) 서울중앙지방법원 2013.04.30 2012고정5469

절도

Text

The defendant shall be innocent.

Reasons

1. On February 2012, the Defendant: (a) opened a underground door to the victim’s staff E in order to clean up the said door while negotiating the purchase of underground by the victim C Co., Ltd and the Gangnam-si D shop shop; and (b) cut off the said door by cG electronic wall to the victim’s market value of KRW 600,000,000 in total of KRW 3.6 million.

2. Determination as follows: Larceny under the Criminal Code means the removal of possession of a person other than himself/herself from possession against the will of the possessor, and the removal of possession by himself/herself or a third party, and the intention of unlawful acquisition necessary for the establishment of larceny refers to the intention of excluding the right holder and using and disposing of another person's property as his/her own property in accordance with the economic usage.

Although it is not necessary to permanently hold the economic interest of the object in the establishment of larceny, the infringement of possession alone cannot constitute larceny, that is, the intention to acquire the object, or to acquire only the value of the object, or to acquire the object, at least between the intent to acquire the object and the value of the object.

(Supreme Court Decision 200Do3655 Decided October 13, 2000). According to the records, the defendant was under discussion with the employees of the victim in order to purchase the underground segment owned by the victim, and made a new key to the above underground section and cleaned it by obtaining permission from them. The defendant was equipped with air conditioners, television, singing machines, computers, etc. on the above underground section, but the defendant notified that he would remove the above equipment to the F director who is an employee of the victim at the time of cleaning the above underground section, and thereafter, the defendant and the victim should be provided with the aforementioned equipment.