절도
The prosecutor's appeal is dismissed.
1. In light of all circumstances such as the summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles), the lower court, although it could sufficiently recognize that the Defendant had had had had intention to larceny, has committed a mistake of not guilty of the facts charged in the instant case due to misunderstanding of facts
2. Determination
A. Around 10:00 on June 22, 2015, the Defendant stolen construction materials worth KRW 2.10,000 in the market price, such as bricks 4,620, 620, 6inch block 300, red bricks 6,500, owned by the victim D (60, which were kept in front of the village hall in North-gun, North-gun, North-gun, the Defendant used the vehicle for which the damaged party’s surveillance was neglected.
B. The lower court’s judgment acknowledged as follows based on the evidence duly adopted and examined at the lower court. ① The Defendant and E concluded a contract with the amount of KRW 58,00,000 for remodeling construction of the housing located in North-gun, North Korea on May 12, 2015, which was determined as KRW 10,000,000, and the advance payment. According to the above contract, when the contractor pays the advance payment, the contractor shall give priority to paying wages and securing materials. ② On May 13, 2015, the Defendant remitted the advance payment to E to the Defendant for the purpose of receiving bricks to be used in the said construction. During this process, the Defendant and E transferred the advance payment to the “G” operated by the Defendant, and the Defendant agreed to pay the advance payment to D and E, the volume and supply price of bricks, etc. to the construction site, ③ The Defendant decided to have been removed from the above construction site, and the Defendant stored the advance payment to the above 30 meters after the termination of the construction site.