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(영문) 서울동부지방법원 2017.05.18 2016노1848
특수절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above sentence shall be imposed for a period of one year from the date the above judgment becomes final.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the Defendant not guilty on the ground that the cosmetic as stated in the facts charged is not sufficient to be recognized without any reasonable doubt as being jointly owned by the victim and the Defendant, and there is no proof of crime.

2. The goods provided to the judgment company belongs to the joint possession of the partners unless it is liquidated. Thus, it does not interfere with the subject of larceny solely on the ground that the goods are originally owned by the defendant (see, e.g., Supreme Court Decisions 94Do2076, Oct. 12, 1995; 2005Do702, Oct. 14, 2005). According to the evidence duly adopted and examined by the court below, the defendant, on May 1, 2015, purchased cosmetics with the victim and sold them to China, and the victim purchased them and paid rent. The defendant agreed to divide the profits from the purchase of the cosmetics into half-yearly possession by the defendant and the victim (this is recognized by the defendant's oral statement at the trial; 6.05Do702, Oct. 14, 2005; 6.06.)

According to the above facts, the Defendant agreed on the same business with the victim on the sale of cosmetics.

As above, cosmetics have been stored in the above officetel in accordance with the agreement, and they have been kept.

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