피고인은 다른 사람의 재물을 절취하고자 마음먹고 2010. 11. 23. 08:00경 성남시 분당구 C 아파트 710동 602호에 피해자 D(여, 45세)이 잠시 집을 비워 아무도 없는 틈을 타 몰래 침입하여 옷방에 있던 시가 6,500,000원 상당의 '블랙앤화이트' 골프채 가방(가방내 시가 5,000,000원 상당의 골프채) 1개, 시가 600,000원 상당의 '꾸레쥬' 가방(가방내 500,000원 상당의 스키용품) 1개, 시가 100,000원 상당의 홍삼절편 1개를 가지고 나오는 방법으로 절취한 것이다.

2. Determination

(a) The term “the intention of unlawful acquisition necessary for the establishment of larceny” means the intention of using and disposing of another person’s property, such as his own property, in accordance with the economic usage; and

B. (See Supreme Court Decision 2000Do3655 delivered on October 13, 2000).

The defendant is in an internal relationship with the victim and has freely entered the entrance password of 710, 602, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-si.

When the defendant knew that the victim moves to a golf meeting with another male and concealed golf loans, the victim brought golf loans to the warehouse operated by the defendant between the defendant's house in order to find out what reaction the victim can be seen.

On the other hand, immediately after the instant case, the victim secured a CCTV screen that contains golf loans, etc. through the apartment management office (the 29th page of the investigation record) but did not state that the victim would return to the defendant until the instant case is at issue.

After that, around March 2011, the relationship between the defendant and the victim was terminated, and the defendant filed a criminal complaint on April 201 against the part on which the victim used the credit card in the name of the defendant by embezzlement and violation of the Specialized Credit Financial Business Act.

Around June 2011, the victim shall be the victim.