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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. The ownership of a joint board and each item of the facts charged of mistake of facts and misapprehension of legal principles (hereinafter “victims of this case”) is against the Defendant, and the Defendant did not have the intent of larceny. Therefore, the Defendant is not subject to larceny.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is as follows: (a) around December 30, 209, the Defendant entered into a subcontract for new construction works for a “C-affiliated F” project with the Defendant, a company (the representative director D, the current representative director E, and the “C-affiliated F” (hereinafter “C”) which is an executor around December 30, 2009, and took charge of construction, such as gathering and dismantling, dismantling, etc. after entering into a contract for new construction works as of December 30, 2009 through December 30, 2009; (b) the Defendant was a person operating a temporary supply company at the construction site in the name of “G”; and (c) around January 12, 2010, the victim H Co.,, Ltd (the representative director I and the “H”) who is a joint guarantor, entering into a temporary lease contract with the Defendant and supplied the said temporary facilities at the construction site; and (c) received the price for supply from the victim.
When the defendant performs sculing construction at the site of the above new construction works in Gangnam-si J, the defendant ordered the straw (hereinafter referred to as the 1 temporary materials, the 10 tons truck) among the temporary materials, according to the above lease contract, the 1 temporary materials have been supplied from B by the victim after paying the price for the supply of the goods, and the 10 tons of sculs made in the joint board and each part (hereinafter referred to as the 2 temporary materials, the 10 tons truck) have been ordered by the defendant, and the 10 tons of sculs made in the joint board (hereinafter referred to as the 10 tons truck) has been purchased by the victim from September 2009 to February 2010 by paying 380,000 won from the sales proceeds of the "L" company located in Gwanak-gu in Seoul Special Metropolitan City from September 200 to February 2
The defendant used it at the construction site of a new construction project in April 2010 to the Corporation.