Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

From the end of September 2014 to October 1, 2014, the Defendant stolen the Defendant’s cargo truck, which had been loaded in Franchis truck in the sum of KRW 11,100,000,000 of the reported price of the victim, including one large air conditioner for restaurant equivalent to KRW 1,800,000 among the reported price of the victim, and one large air conditioner for restaurant equivalent to KRW 1,300,000 among the reported price of the victim, and one cargo truck in the sum of KRW 11,10,000,000 of the reported price of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E, G, H and I;

1. Application of Acts and subordinate statutes to the head of a complaint, on-site photographs, list of stolen goods, photographs, damaged objects, vehicles and photographs, satellite photographs, satellite photographs, photographs, and photographs;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that, regarding larceny, which is the primary charge, the victim cannot be deemed to have owned or possessed the instant goods in light of the situation at the time of the instant goods and the leaving period, etc., and the defendant misleads the victim to have renounced ownership and discarded the instant goods, and such misunderstanding is justifiable, and thus, there is no intention to commit larceny.

2. Determination

A. As to the possession of a victim, a theft refers to the removal of the property possessed by another person against the will of the possessor and the removal of the property from one’s or a third party to another’s possession. Whether a certain property is under the possession of another person is determined in consideration of the intention of control as a subjective element in addition to the scope of management as an objective element or the possibility of factual management. Ultimately, the form of the pertinent property and other specific circumstances shall be determined in light of social norms.