Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 19, 2014, around 09:23, the Defendant discovered about 200,000 won in the market price of the victim E, a business owner of the “Dfrequency” building in Sacheon-si, and discovered about 1,00,000 won in the market price that he received as an open gift from the victim E, a business owner of the building behind the building in Sacheon-si, and loaded in the F-wing vehicle.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A CD;

1. The defendant and his defense counsel asserted that he did not have any intention to commit larceny because he thought that he was the victim of each of the instant paintings, and he thought that he did not have any intention to commit larceny. The crime of larceny means that he had any awareness of the transfer of another person's possession under another's possession against his will against another person's own or a third person's possession. Thus, if he acquired another person's ownership by misunderstanding that another person's ownership was renounced and then the latter's ownership was lost, it cannot be recognized as a thief's criminal intent unless it is recognized that there was a justifiable reason for misunderstanding (see, e.g., Supreme Court Decision 88Do971, Jan. 17, 1989; 1) the victim cannot be seen as being aware of each of the above evidence; 2) the victim did not have any intention to commit larceny; and 3) the victim reported the above portion of the thief's ownership to the police without any specific reason.