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(영문) 대구지방법원 의성지원 2016.12.22 2016고단87

절도

Text

The defendant shall be innocent.

Reasons

1. On May 2016, the Defendant discovered two agricultural management machines equivalent to KRW 600,00,000 in the market price where the victim E is set up adjacent to a farm road in the river basin located adjacent to the Sung-gun (hereinafter “the river of this case”) from the Seocho-gun, Gyeong-gun (hereinafter “the river of this case”), and stolen the Defendant’s cargo vehicle.

2. The defendant's assertion and judgment of changed marriage

A. Although the Defendant knew that the instant agricultural management machine was to leave the flood, the owner had no intention to return it at any time, and thus there was no intention to acquire it.

B. 1) Determination 1) The intent of unlawful acquisition necessary for the establishment of larceny refers to the intent to use and dispose of another person's property in accordance with the economic usage, such as his/her own property, while excluding the right holder. Although it is not necessary to permanently hold the economic interest of the property, the mere infringement of possession cannot constitute larceny. The intention of infringing the ownership or the equivalent right, i.e., the intention to acquire the substance or to acquire the equivalent right, or the intention to acquire the substance only, or at least the value of the substance, must obtain the property (see, e.g., Supreme Court Decision 91Do3149, Sept. 8, 192). 2) In light of the above legal principles, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, it is difficult to view that the evidence submitted by the prosecutor alone is sufficient to prove that there is a reasonable intention to obtain larceny, and there is no other evidence to prove otherwise.

① On May 2015, in order to supply sand to National Highway 28 National Highway 28, the Defendant discovered agricultural management equipment laid down in trees or grasss, while engaged in sand gathering by using large excavations on the river of this case.