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(영문) 수원지방법원 성남지원 2017.08.23 2017고정693
절도
Text

The defendant is innocent.

Reasons

1. On September 26, 2016, the Defendant discovered that the victim C (33 tax and female) was set up on the platform of 100,000 won in the active service and 2.220,000 won of the market price was set up on September 26, 2016 at the 15:33, Sungnam-si, Sungnam-si, Sungnam-si, and 601, Sungnam-do.

Accordingly, the defendant stolen the victim's property.

2. Determination

(a) The intention of unlawful acquisition necessary to establish larceny;

claimant means the intention to use and dispose of another person's goods, such as his own property, in accordance with the economic use;

The subjective elements of the crime, such as the intention of illegal acquisition, should be proven by means of proving indirect facts that have considerable relevance to the given nature of the object so long as the defendant does not confession, but in such a case, the conviction that the facts charged are true to the extent that there is no reasonable doubt by the judge.

On the other hand, in cases where the property of another person is used without the consent of the possessor without permission, if the property is consumed or used to the extent that the economic value of the property itself was considerable, or if the property was disposed of in another place other than the original one, or it is the same as the possession of the property for a long time without the return,

In this regard, the intention of illegal acquisition can be recognized.

On the other hand, if the consumption of value due to the use is minor to the degree that the value can be disregarded, and if the use is the same as the return immediately after use, there is an intention to infringe on the ownership or principal right.

As such, there is no intent to obtain illegal enrichment.

No person may be determined (see, e.g., Supreme Court Decisions 2001Do4938, Feb. 8, 2002; 2002Do3465, Sept. 6, 2002; 2005Do7819, Mar. 9, 2006). B. The Defendant reported a temporary embankment that was lost by the injured person, and reported it to the police box.

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