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(영문) 서울중앙지방법원 2013.12.12 2013고정4573
절도
Text

The defendant shall be innocent.

Reasons

1. On July 16, 2013, the Defendant: (a) around 19:20 on July 16, 2013, on the ground that the relationship between the claim and the obligation at the victim D’s business site located in the Gangnam-gu Seoul Metropolitan Apartment Complex No. B. 216, the Defendant: (b) placed one unit of NNO- Qu (deflution) and MTS (PP) at the market price managed by the victim; and (c) stolen it.

2. The expression "the intention of unlawful acquisition necessary for the establishment of larceny" means the intention to use or dispose of another person's property in accordance with the economic usage, such as his own property, by excluding the right holder. Although it is not necessary to permanently hold the economic interest of the property, the mere infringement of possession cannot constitute larceny. In other words, the intention of acquiring the ownership of or the equivalent principal right to acquire the property, or the intention of acquiring only the value of the property, must be the intention of acquiring the property.

(2) According to the evidence duly adopted and examined by this court, the Defendant was unable to receive KRW 100 million from the victim D around February 8, 2002. As the Defendant was found to have lent KRW 100 million to the victim D around July 12, 2012, the Defendant demanded the victim to pay his/her debts on several occasions. Even around July 16, 2013, the Defendant found the above skin management room and demanded the victim to pay his/her debts on July 16, 2013, the date of the instant case. However, even around July 16, 2013, the Defendant found the above skin management room and demanded the victim to pay his/her debts, but the victim went out of the above skin management room, and the Defendant continued to stay in the above skin management room even after the victim was left, and each of the Defendant’s 19:20 U.S-N goods and the Defendant’s 19:20 U.T. M. (N) goods within the same time as the victim left.

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