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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The water network and the lush covered (hereinafter “the objects of this case”) of the lushness of this case
(2) The Defendant merely moved the instant goods to “J” in accordance with F’s direction on the day of the instant case. (2) Since the “J” in which the Defendant brought the instant goods is under C and F’s control, it does not exclude the de facto control of C and F on the instant goods, and is merely a transfer or alteration of the place of possession.
3) At the time of the instant case, the Defendant did not have the intent of larceny or unlawful acquisition. B. The lower court’s sentence against the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. On September 2012, the Defendant: (a) completed the loading and unloading work in the E-bonded warehouse located in Pyeongtaek-si D on September 2012, the Defendant: (b) stolen, on his own, goods damaged by the market value, such as one lush net and one lush cover, which were kept inside the warehouse using any cresh in the warehouse; and (c) destroyed goods in the market, such as one lush cover.
B. The Defendant is consistently bringing the instant articles from the investigative agency to the court under F’s direction, and denies the instant facts charged by asserting that he did not intend to steal them. As such, the Defendant’s intent of larceny under the Criminal Act refers to the act of removing possession of the said articles owned by a person other than himself/herself and moving them to his/her or a third party’s possession against the will of the possessor, and the intention of unlawful acquisition necessary for the establishment of larceny refers to the intention of using and disposing them in accordance with the economic method, such as his/her own property, by excluding the right holder.