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Reasons
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(영문) 서울중앙지방법원 2019.09.19 2018고정2928
절도등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the owner of the building in Seocho-gu Seoul Metropolitan Government, and is the former business operator.

From September 29, 2018 to September 20, 2018, the Defendant cut off one of the “Ccarp” standing signboards installed at the entrance of the above Ccarp from around 15:00 on September 29, 2018, and cut off the cable lines connected to the inside of the business.

around 17:00 on November 20, 2018, the Defendant damaged a standing signboard possessed by the victim F, approximately 60 cm in width and about 120 cm in length, set up on the front door of Seocho-gu Seoul, Seocho-gu, Seoul, and damaged the market value by tear tear.

Summary of Evidence

"2018 High Court Decision 2928"

1. Each legal statement of witness F and D;

1. Statement by the police about D (including the G statement);

1. Report on occurrence of a theft;

1. Investigation report (Attachment of a photograph of return of damaged articles);

1. Commercial lease contract and additional statement;

1. Lease contract and theft site photographs "2019, 706";

1. Each legal statement of witness F and D;

1. The police statement concerning F;

1. A report on the occurrence of loss;

1. A contract for transfer of right;

1. Judgment on the assertion of the Defendant and his defense counsel on the parts of the damage to property

1. The defendant and his defense counsel asserted that since the standing signboards of this case belong to the possession of the defendant since they did not pass over to the victim at the time of the contract for transfer of rights, the crime of larceny and damage to property is not established. Furthermore, the defendant temporarily moved to repair the standing signboards of this case and brought about the removal form. Therefore, the defendant did not intend to acquire illegal profits.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly examined and adopted by this court, i.e., the Defendant: (a) operated CCCP in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “instant CCP”); and (b) on February 24, 2017, under the brokerage of H Licensed Real Estate Agent I, the victim D with a deposit amount of KRW 50 million; (c) monthly rent of KRW 1.5 million; and (d) the lease period from April 10, 2017 to April 17, 2019.

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