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(영문) 대법원 2014.01.23 2013도12369
절도
Text

The judgment below

The non-guilty part is reversed, and that part of the case is remanded to the Gangnam District Court Panel Division of the Chuncheon District Court.

Reasons

The grounds of appeal are examined.

1. The term "the intention of unlawful acquisition necessary for the establishment of larceny" means the intention to use or dispose of another person's property as his own property by excluding the rightful person, and the intention to use or dispose of another person's property permanently is not required. Even in the case of deprivation of another person's possession for the purpose of temporary use, it shall not be deemed to be a temporary use in the case of possession for a considerable period of time without the intention to return it, and thus, it shall not be deemed to be a temporary use

(2) According to the reasoning of the lower judgment and evidence duly admitted by the lower court, the Defendant and C et al. requested that the general secretary of the merchants’ association affix the merchant association seal impression on September 13, 2012, 2012; ② the Defendant and C, while refusing the above request, brought the Defendant’s seal imprint to fall short of the F’s seal imprint; ③ the Defendant entrusted with the custody of the said seal imprint by the Defendant to G merchant president was an election issue; ③ the Defendant and C et al., sent the content-certified mail to the I newly elected by the president under the name of the merchant association; ② the Defendant requested the F and C to affix the merchant association seal imprint on September 13, 2012; ② the Defendant and C’s seal imprint was affixed to the F and C’s seal imprint; ③ The Defendant, while the Defendant and C were aware of the fact that the Plaintiff did not receive the Plaintiff’s personal seal imprint on the election day during the proceeding; and ③ the Defendant did not return the said seal imprint to the police officer.

In light of these facts in light of the above legal principles, even if the defendant was deprived of possession for the purpose of temporary use, it shall be deemed that he occupied for a considerable time without the intention to return it, and thus, it shall not be deemed as a case of temporary use.

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