The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The Defendant and the victim C of the instant facts charged are the relationship in which they lived with each other in the housing located in Daegu Suwon-gu D.

On March 10, 2017, the Defendant: (a) at the home of the above victim; (b) on the part of the victim’s house, the Defendant stolen the victim’s house with one gold-free sheet equivalent to KRW 560,000,000, total market value of the victim’s house located between the victim’s house and the house; (c) one gold-free sheet; and (d) one gold-free sheet (hereinafter the above gold-free sheet, gold-free sheet, and gold-free sheet, “the gold-free sheet, etc.”).

The lower court found the Defendant guilty of the instant facts charged and sentenced a fine of one million won.

The summary of the grounds for appeal and C living together by the Defendant and C, the Defendant did not steal the instant gold bars, etc., so the Defendant did not have stolen the instant gold bars, etc.

The meaning of the theft under the Criminal Act, which means a theft under the Criminal Act, refers to the removal of possession of the object owned by a person other than himself/herself, against the will of the possessor, and the removal of the object from his/her or a third party to his/her possession (see Supreme Court Decisions 2001Do46, Oct. 26, 2001; 2009Do5064, Feb. 25, 201). Whether the instant gold bars, etc. were possessed by C around March 10, 2017, which was the date of the crime indicated in the instant facts charged, as to the determination on the instant case.

The following circumstances are acknowledged according to the evidence duly admitted and investigated by the court below:

The Defendant consistently maintained in the investigative agency and the court of the court below, and the court of the court below that C around December 6, 2015, the previous day of the instant case, the Defendant reported to the Defendant the instant gold bars, etc.

C. At the court of the court below, the defendant is in custody of the gold sheets, etc. in this case.

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Restatementd (57,59 of the trial record). E also from the court of the original trial, there was an entry that the defendant shown to E the gold paper, etc. of this case on March 2017.

The court below duly adopted and examined the evidence.