[절도][공1990.1.15(864),185]
In order to find out the telephone number of the victim, the act of bringing the telephone fee receipt and the intention of illegal acquisition;
The intention of illegal acquisition necessary for the establishment of larceny refers to the intention to use and dispose of another person's property as his own property by excluding the right holder, and it is difficult to recognize that the defendant has the intention to obtain illegal acquisition in a case where the defendant has not returned the telephone fee receipt which the victim satise in order to identify the telephone number of the victim and did not return it.
Article 329 of the Criminal Act
Supreme Court Decision 84Do392 Delivered on December 26, 1984
Defendant
Prosecutor
Gwangju District Court Decision 89No322 delivered on July 14, 1989
The appeal is dismissed.
We examine the prosecutor's grounds of appeal.
The intention of illegal acquisition necessary for the establishment of larceny means the intention to use and dispose of another person's property like his own property (see Supreme Court Decision 84Do392 delivered on December 26, 1984).
According to the court below's decision, the court below held that it is hard to recognize the defendant's change of the telephone fee receipt of this case merely because the defendant did not return the receipt of this case to identify the victim's telephone number after acquiring the telephone fee receipt of this case from the person who used it as a lodging, and that it was hard to recognize that the defendant brought the receipt of this case to the intention of illegal acquisition according to the above facts, in light of the legal principles of the intention of illegal acquisition in larceny, the judgment of the court below is justified and there is no error in the misapprehension of legal principles as to larceny, and there is no error in the misapprehension of legal principles.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Chang-chul (Presiding Justice)