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The accused shall disclose the summary of the judgment of innocence.
Reasons
1. The summary of the facts charged in the instant case is the victim C and Dong business, who operates a closed plastic recycling processing company located in Gyeonggi-do's wife population D'E', and F is the defendant's partner as the defendant's partner from January 1, 2009 to April 3, 201, as the head of the business division in the instant E. Thus, the defendant and A have gathered to acquire the price by disposing of 18 tons of waste plastics, which is a combination of the defendant and the victim's share in the instant E factory, without the victim's consent.
Pursuant to the above mother’s mother, the Defendant and F: (a) around May 30, 201, the F knew of G and the above closed plastics 18 tons of G known to the purchaser through the Internet while displaying the purchaser via the Internet, and agreed to enter into a sales contract at a total of 3.7 million won per kilogram; and (b) on May 31, 201, the Defendant was transferred 18 tons of the above closed plastics from the Defendant’s new bank account in the name of the Defendant after loading the cargo truck sent by the above G at the above E plant on May 31, 2011.
Accordingly, the defendant stolen the victim's property in collusion with F.
2. The Defendant asserts that the notice of expulsion of union member against C, a complainant on April 29, 201, is valid, and that the waste plastics 18 tons of the instant plastic is owned by the Defendant and cannot be an object of larceny. As such, since the goods provided to the said enterprise belong to the joint possession of the partners insofar as they are not liquidated, it does not interfere with becoming an object of larceny even for the reason that the goods are originally owned by the Defendant or are provided by the Defendant in another place (see, e.g., Supreme Court Decision 94Do2076, Oct. 12, 195). In the instant case, the Defendant merely sent a notice of expulsion of the other party, and did not implement specific liquidation procedures.
Therefore, the above waste plastics still belongs to the joint possession of the defendant and C.
However, the defendant against C.