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(영문) 수원지방법원 2020.01.31 2019고정1179
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a director of the Association B, and the victim C is a representative director of the Association C.

Around 14:05 on February 13, 2019, the Defendant found the victim’s residence located in the wife population in G, E, and F, and did not issue a certificate of the personal seal impression to the representative director of the B corporation, while the Defendant did not issue a certificate of the personal seal impression to the representative director of the B corporation, the Defendant stolen the Plaintiff with a document bag containing the certificate of the corporate seal impression, corporate passbook, corporate passbook, corporate card, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement of E, C, and D;

1. The defendant and his/her defense counsel acknowledged that he/she did not have an intent to obtain unlawful acquisition even with regard to the fact that he/she committed an act identical to the facts stated in the crime in the judgment of the defendant. However, the intent to obtain unlawful acquisition necessary for the establishment of larceny refers to the intent to use and dispose of another person's goods as his/her own property, and the intention to hold economic benefits on a permanent basis is not required. Even in cases where he/she has been deprived of another person's possession for the purpose of temporary use, it cannot be deemed that the use of goods itself is used for a considerable amount of economic value, substantial length, or considerable length, or abandons another person's possession at a place different from its original place, and thus, it cannot be deemed that he/she has no intention to obtain it on a temporary basis (see, e.g., Supreme Court Decision 2012Do1132, Jul. 12, 2012). According to the above legal principles, according to each evidence held by the defendant, it can be sufficiently acknowledged that the defendant acquired the above facts.

Therefore, it is therefore.

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