A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On April 16, 2016, the Defendant, at around 10:00, stolen the “D” store operated by the Defendant, which had been in custody by the Defendant, with the 478 chapter, of the customers’ Dob KRW 29.9 million (the Doctrine sports player’s photograph on which the Defendant entered a private person).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (refising damage and submitting a written agreement);

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant asserted that, while investing KRW 51.3 million in C and running his/her business, he/she received a written payment from C to receive the return of the investment money, and kept a part of the cards and fixtures remaining in the place of business created as the Defendant’s investment money as the security concept, and did not intend to obtain illegal acquisition.

The intention of acquisition necessary for the establishment of larceny refers to the intention to use or dispose of another person's property as his/her own property by excluding the right holder, and the intention to possess the economic interest of the property permanently is not required. Even in the case of deprivation of another person's possession for the purpose of temporary use, where the use of the property itself is consumed to the extent that the economic value of the property itself is considerably high, or it is occupied for a considerable period, or abandons it in a place different from its original place, it shall not be deemed a temporary use (see, e.g., Supreme Court Decisions 2012Do1132, Jul. 12, 2012; 202Do3465, Sept. 6, 2002). In addition, under the Criminal Act, the possession of the property owned by a person other than that of another person is excluded against the intention of the possessor.