beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. In full view of the summary of the grounds for appeal: (a) the representative G of the Victim F Co., Ltd. F (hereinafter “victim”)’s representative G; (b) the statement of the owner E; (c) the entry of “C Kim-dong entry and release status”; and (c) the number of uniforms on the side that the damaged company leased to E; and (d) the damaged company and construction related persons, including the Director H, left at the construction site; and (b) there was an agreement between the damaged company and the damaged company to return two different uniforms of the pumps indicated in the facts charged of this case (hereinafter “the instant water pumps”) to the victimized company.
As long as the defendant brings the pumps of the oil of this case owned by the damaged company against the above agreement, the defendant may also have the intention of theft.
In doing so, the court below found the Defendant not guilty of the facts charged of this case, which erred by misunderstanding facts and affected the conclusion of the judgment.
2. The summary of the facts charged in the instant case is the representative of D, a subcontractor, and the Defendant, from February 2016 to April 20, 2016, performed the construction of a structural frame at the site of the owner E’s officetel from February 20, 2016. The victimized company (the representative director G) made a lease contract between July 20, 2015 and November 30, 2015, before the owner entered into a contract for construction work with C, and provided construction materials, such as water pumps.
The Defendant suspended construction due to the payment of the construction cost during the construction process until the above date, and dismantled various construction materials, such as basin pumps, etc. entered from the order of February 2, 2017 to March 1, 2017, and removed them from the construction site.
At around 16:00 on February 27, 2017, the Defendant: (a) discovered that the damaged company was mixed with the leased waterway pumps, etc.; (b) received a report from H on the site warden in receipt of the owner E, and (c) had the damaged company return 135 of the 6012 fluids from this site to the damaged company.
G and building owner E are returned to 6012, and the market price of the building he was accumulated on the front left right and right side of the building is KRW 9 million.