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(영문) 서울동부지방법원 2014.02.14 2013노1367
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty on the ground that the defendant's intent to obtain unlawful acquisition could be recognized.

2. The Defendant is a person who served in C with respect to the instant facts charged.

On April 19, 2013, at around 17:00, the Defendant received notice of dismissal from the representative director in the “C” of the 16th floor of the D Building in Gwangjin-gu Seoul Special Metropolitan City, and took advantage of the gaps in surveillance over the surrounding supervision, the Defendant used the gap in the market price of the company managed by the victim E, one million won (hereinafter “instant Nompt”).

Accordingly, the defendant stolen the above property of the victim.

3. The lower court’s judgment acknowledged the following circumstances based on the evidence duly examined: (i) the Defendant expressed his intent to return personal data stored in the Ethypt before the removal to E, the manager of the Ethypt before the removal; (ii) the Defendant copied personal data and expressed his intent to return the Ethy; and (iii) the Defendant’s personal data were stored in the Ethypt for a long time; and (iv) the Defendant was unable to immediately return it to the Ethy police station on April 22, 2013 after the removal to the Ethy on April 13:2, 2013; and (iii) the Defendant was unable to immediately return it to the Ethy on the ground that the Defendant immediately returned it to the Ethy police station without having reported it to the victim immediately after the removal to the Ethypt.

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