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 December 13, 2017, around 16:34, the Defendant: (a) placed a victim E (21) on the calculation unit of “D” located on the Seocho-gu Seoul Metropolitan Government C1’s floor; and (b) cut off the unfolded wall (credit card, resident registration certificate, cash 25,000) on the market price between the Defendant and his card locks.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on internal investigation (the analysis of CCTV video images after temporary burial in the field);

1. Application of Acts and subordinate statutes to written statements of victims E;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is the fact that the defendant cited the victim's wallet in a restaurant, but is for returning it to the victim, so there is no intention of illegal acquisition or the intention of larceny.

2. Determination

(a) The intention of unlawful acquisition necessary to establish larceny;

The term "right holder" means an intention to use or dispose of another person's goods, such as his/her own property, pursuant to the economic usage (see Supreme Court Decision 2000Do3655, Oct. 13, 200). Such intent of acquisition is not necessarily required to be permanent and may be deemed temporary (see Supreme Court Decision 81Do2394, Oct. 13, 1981, etc.). (b) The evidence duly adopted by the court and examined by this court reveals that the defendant can be recognized that he/she was released from the victim's wall on the part of the victim's wall in a restaurant and without storing it in the restaurant, and as long as the above facts are recognized, the defendant had the intention to obtain larceny and illegal acquisition at the time of the above act, and that the defendant made efforts to grant the victim a report in a way that he/she reports it to the victim, etc.