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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On June 29, 2017, the summary of the facts charged in the instant case was appointed as the representative director of the Changwon-si, the Changwon-si, the Co., Ltd., who was a director of the said company, in order to find out the business misconduct of the victim D, who is a director of the said company, and in order to bring a criminal prosecution against the victim, the victim in the said office was aware of the possession, management, computer and documents, etc.
On July 7, 2017, the Defendant, along with E, F, and G, had the key repairman forced to remove the corrected electronic gramat from the said office, and infringed upon the said office. The Defendant, without knowledge of the circumstance, knew of the circumstances, informed E, F, and G of the materials to be moved to the vehicle in which the Defendant was on the Defendant’s possession of the materials designated. The Defendant stolen the said materials with the documents “written contract for stock transfer”, “H confirmation document”, “written confirmation document”, “written confirmation document for the victim’s preparation”, and “written certificate for the loan”).
Accordingly, the defendant stolen the above articles together with the above E, F, and G.
(or on the one hand) thereby, the Defendant stolen the victim’s property by destroying and impairing part of the door and other structures at night.
2. Determination
(a) The intention of unlawful acquisition necessary to establish larceny;
The term "right holder" means the intent to use or dispose of another person's goods, such as his own property, and it is not necessary to permanently hold the economic interest of the goods. However, the mere infringement of possession alone cannot constitute larceny, that is, the intention to acquire a substance of an object, that is, the intention to acquire it, or to acquire only the value of the substance, should be obtained (see Supreme Court Decision 91Do3149 delivered on September 8, 192, etc.).