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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
From September 19, 2018 to 12:30 on December 19, 2018, the Defendant: (a) at the case search team in the Seoul Northern District Court’s comprehensive civil petition room in Dobong-gu Seoul Northern District Court located in 749 with the victim B, the Defendant stolen the victim’s gate B, one of the Defendant’s 78,000 Won Samsung C&3 USB, the market value of which is equivalent to the 78,000 won owned by the victim and one of the KB clauses at the market price.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. One CD on-site CCTV (referring to the intent to use or dispose of another person's goods as his/her own property by removing a right holder from the disturbance of unlawful acquisition necessary for the establishment of larceny, and the intent to hold economic benefits from the property permanently is not required. Even in the case of deprivation of possession for the purpose of temporary use, it cannot be said that the use of the goods itself is used to a considerable amount of economic value or for a considerable period of time, or abandonment to another person at its original place, it cannot be deemed a temporary use (see Supreme Court Decision 2012Do1132, Jul. 12, 2012). As alleged by the Defendant, the circumstance where the Defendant first contacted the victim and returned the USB to the victim, and the Defendant had already acquired it through a nearby terrestrial belt where the victim did not leave the place of promise, and the Defendant could have easily acquired it from the victim's address at the court (see Supreme Court Decision 2012Do1132, Sep. 19, 2018).