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The defendant shall be innocent.
Reasons
1. The summary of the facts charged lies in: (a) the Defendant sold the site located in Pyeongtaek-gun B, which the Defendant’s wife owned, to the victim C; (b) the victim sold the building to the said site; and (c) the victim stored containers on the said site; (d) the Defendant’s side and the victim incurred disputes between the Defendant and the victim; (b) the Defendant removed the above container that the victim possessed while keeping the tools from the patrolman on April 2016, and sold the said land to
At around 16:30 on March 2, 2018, the Defendant: (a) 22, 16:30, the Defendant: (b) laid off Category E articles, (c) article F, and cargo vehicle G from the site located adjacent to Pyeongtaek-gun B, by using a container of 20,000,000 won (4m x 8m) at the victim’s market price located therein; (c) one of the b50,000, 250,000 won at the market price located adjacent to the container; and (d) one of the 22,058,000,000 won at the price of storage adjacent to the container; and (e) one of the 150,000,000 won at the price of storage adjacent to the container.
2. Determination
A. The expression "an intention of unlawful acquisition necessary for the establishment of larceny" refers to an intention to use and dispose of another person's property in accordance with its economic usage, such as his 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. In other words, the intention of acquiring the ownership or the equivalent right, or the intention of acquiring only the value of the property, should be the intention of acquiring the property.
(See Supreme Court Decisions 99Do519 delivered on April 9, 199, 91Do3149 delivered on September 8, 1992, and 2001Do4938 delivered on February 8, 2002, etc.)
B. In full view of the following circumstances acknowledged by the evidence duly admitted by this court in light of the foregoing legal doctrine, the prosecutor submitted it.