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The defendant shall be innocent.
Reasons
1. On May 2013, the Defendant committed a theft by arbitrarily disposing of KRW 100,000,000,000 to E, an article of scke, who is an engineer of sckes, using a gap in the victim’s market price of KRW 3.7 million owned by the victim D, which was placed in front of Macheon-si, Macheon-si.
2. The Defendant, while operating a pension with the victim as a partnership business, arranged the relationship between the victim and the 150 million won settlement amount and the 150 million won settlement amount, and denied the charge of larceny as the victim did not own the defendant due to the above settlement, and even if not, the Defendant did not recognize that the burg was another person’s own property. Thus, the Defendant did not have any intention to commit larceny.
A thief’s criminal intent refers to the perception that another person’s property possessed by him/herself or under the possession of a third party is transferred against his/her will, and in cases where another person renounces his/her ownership and acquires it as a stolen article, the thief’s criminal intent cannot be recognized unless there is a justifiable reason for misunderstanding it.
(See Supreme Court Decision 88Do971 delivered on January 17, 1989. According to evidence, in particular, according to the suspect's interrogation protocol as to the defendant prepared by the prosecutor, the victim was placed in front of the instant pention from the beginning, and the front of the pention is a separate place from the land of the person that the victim kept his/her own body that was not brought to his/her wife, and the front of the pention is a separate place from the land of the person that the pention was not used in the instant pention, but the Baur is a thing that may be necessary for the operation of the pentionion, and the victim did not keep or bring his/her body to the defendant separately while leaving the pentionion and did not bring his/her body to the defendant, and rather the defendant demanded only money as a claim for distribution of remaining property.