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(영문) 대구지방법원 서부지원 2013.04.30 2012고단1526
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From March 2012 to November 3, 2012, the Defendant was working as a driver at the victim C and D Co., Ltd. (hereinafter “E”), a company operating as a partnership business, but was willing to bring about the vehicles used in E at the late rate of monthly pay.

At around 14:50 on November 14, 2012, the Defendant: (a) driven the instant vehicle and the instant vehicle by using the spare heat of the instant vehicle owned by the victim C, the wife of the victim C, and the victim C and D, who was on a vehicle, was in possession of one of the instant vehicle with an electric feasium worth KRW 8 million at the market price of KRW 100,000,000,000 for KRW 10,000,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and I;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to C, D, J, and K;

1. Determination as to the Defendant’s assertion of an investigation report (Attachment of Motor Vehicle Registration Certificate), - Motor Vehicle Registration Certificate Copy

1. The defendant asserts that he did not have the intention of unlawful acquisition.

2. Determination as follows: (a) the intent to acquire illegal property necessary for the establishment of larceny refers to the intent to use or dispose of another person's property in accordance with the economic usage, such as his/her own property, by excluding the right holder; (b) the mere infringement of possession alone does not require the intent to constitute larceny, but does not require the intent to permanently hold the economic interest of the property; (c) the intention to obtain ownership or equivalent right, i.e., the intent to obtain ownership or equivalent right, or to obtain only the value of the property, regardless of whether it is the intention to obtain ownership or equivalent right.

In addition, even though it is for the purpose of securing bonds, the possessor's explicit and implicit on the transfer of possession at the time of the commencement.

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