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(영문) 부산지방법원 2021.01.20 2020고정735
절도
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 30, 2019, the Defendant, at around 20:0, 200, committed a theft by driving a Dricker (Sicker Sicker Sicker Sicker) with a market price equivalent to KRW 25 million, which is owned by the victim, on the ground that the victim B (V, 29 years old) did not pay the down payment, even though he/she provided a lease contract for a vehicle parked at the 351-23 wharf, as the report of the head of Ydo-Do Eup, Chungcheongnamdo-gun, Ydo-gun, 351-2.

Summary of Evidence

1. A criminal investigation report to the reporting department of the 112 Incident Report on the witness B’s legal statement (with respect to the registration certificate, the transportation business consignment contract, and the certified copy of the resident registration certificate submitted by the victim B) [the defendant and the defense counsel brought about the victim’s bitr together with his/her own vehicle to receive unpaid rents and oil payments, and thus, the defendant did not have the intent of unlawful acquisition, and the victim

The argument is asserted.

Criminal Law refers to the removal of possession of a person other than himself/herself from possession against the will of the possessor, and the removal of possession to his/her own or a third party, and the intention of illegal acquisition necessary for the establishment of larceny is the intention of the possessor.

The term "an intention to use or dispose of another person's goods, such as one's own property, by excluding the right holder. It refers to an intention to use or dispose of another person's goods in accordance with its economic usage. Although mere infringement of possession alone cannot constitute larceny, it is not necessary on a permanent basis to possess the economic interest of the goods. It is sufficient that there is an intention to acquire the property, regardless of whether it is the intention to acquire the property or the equivalent right or not to acquire the property, that is, the intention to acquire the property or the equivalent right

In addition, even though it is for the purpose of securing bonds, larceny is an act of excluding possession against the will of the possessor, unless it is recognized that there was the explicit or implied consent of the possessor about the transfer of possession at the time of acquisition.

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