The defendant shall be innocent.

1. The summary of the facts charged is a person who resides in, and works as, the head of Ansan-gu E apartment 208 Dong in Ansan-si.

The Defendant installed a kimchi cooling house under the above apartment 208-dong and used electricity without permission from November 1, 201 to November 8, 201, without following the normal consent procedure, such as the meeting of representatives of occupants of the above apartment.

2. Determination

A. The fact that the defendant, in the time and place stated in the facts charged, installs a kimchi cooling house and uses the common electricity for personal purposes, is not used without permission, but it is installed and used with permission of the person having authority for public purposes. Therefore, larceny is not established.

B. In light of the records, the following: (a) the head of the management office of the apartment of this case, as a witness in this court, stated, “F, before installing the kimchi cooling house of this case, was present in this court, at the time before the defendant found the management office before installing the kimchi cooling house of this case; and (b) H, who was at the time of the apartment management office, was present in this court as a witness and stated, “B, before installing the kimchi cooling house of this case, was capable of using the common electricity by installing the kimchi cooling house of 208 underground; and (c) H, who was working at the apartment management office of this case, as the head of G, was present in this court as a witness and stated, “W, around October 20, 2010, connected the electric distribution line to the container attached to the 208 underground department of the apartment of this case to be used by the defendant; and (d) At the time, I was present in this court as the chairman of the council of occupants’ representatives, who was the chairman of the apartment of this case.”