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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged of the instant case, around 07:00 on February 24, 2012, the Defendant, within the “E” factory where the Defendant and the victim D jointly leased and used the said factory, the Defendant cut off the objects of KRW 8.5 million at the market price, such as the presses set-type 1, e-electronic protection device, 12, e-mail protection device, 12, e-mail on a wooden book, 1, e-mail, 1, e-mail, 3, and 8.5 million, which were in custody of the said factory.
2. As to the above facts charged by the Defendant and the defense counsel, the Defendant and the defense counsel did not bring about one of the items indicated in the above facts charged, and they asserted to the purport that, among the items indicated in the above facts charged, 1 set of presses, 12 e-electronic protection devices, 12 e-mail protection devices, and 3 iron transport operation units, which are the remaining items, brought about by the Defendant, are consistent with the Defendant, but it cannot be the object of larceny, and therefore, it cannot be the object of larceny.
3. Determination
A. The term “the theft” means the removal of property owned by another person from possession against the will of the possessor and the removal of property owned by another person to his or her or a third person. Whether a certain property is occupied by another person shall be determined by considering the intention of control as a subjective element in addition to the scope of management or the feasibility of factual management as an objective element, and ultimately, by considering the form of the pertinent property and other specific circumstances, from a normative standpoint in light of social norms
(see, e.g., Supreme Court Decision 2008Do3252, Jul. 10, 2008). B.
Therefore, it is not sufficient to recognize the facts charged that the defendant brought one of the health unit, first, or the head of the U.S., and there is no other evidence to recognize it.
C. Next, as to the possession relation of the remaining goods, the health unit, the Defendant and the witness D’s each legal statement, etc. are integrated.