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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Around 10:00 on June 22, 2015, the Defendant stolen construction materials worth KRW 2.10,000 in the market price, such as brick 4,620, 620, 6inch block 300, red brick 6,500, owned by the victim D (60) who was in custody of the village hall in front of the village hall in North-gun, Chungcheongnam-gun, North Korea.
2. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the court, the evidence alone submitted by the prosecutor alone proves that the defendant had the intention to larceny beyond reasonable doubt.
It is difficult to see, and there is no other evidence to acknowledge it.
A. On May 12, 2015, the Defendant and E entered into a contract with the amount of KRW 58,00,000,000 for remodeling construction works of the housing located in North Korea-U.S., and the advance payment of KRW 10,00,000. According to the above contract, when the contractor pays the advance payment, the contractor shall first use the advance payment and materials (Article 7(1) of the General Conditions of the Construction Contract, and page 44 of the evidence record). (b) The Defendant remitted the advance payment to E on May 13, 2015, and E transferred the said advance payment to E in order to receive the materials to be used in the said construction work. In this process, the Defendant discussed D and E, the volume of bricks, the supply price, etc. of bricks, and the Defendant decided to the cover of the wall.
(c)
After that, D saw the above brick to the above construction site and 30 meters away from the above construction site, and the defendant moved the above brick to the above construction site.
(d)
In this regard, E has commenced the above construction, and the above contract was terminated only once a week, and as a result of the settlement of accounts, 3.2 million won has been deducted from the actual expenses incurred in the construction in advance.
E. During the process of termination and settlement of the above contract, E has not yet paid the above pro ratas to the Defendant.