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(영문) 광주지방법원 2020.12.24 2019노1927
절도
Text

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. The summary of the grounds for appeal (fact-finding) was received from E/F as a child at the time of the instant case from E/F, and the said scam, etc. cannot be deemed as the ownership of the victim H, or the Defendant did not have any intention to commit larceny, and thus, the Defendant is not subject to larceny.

2. The summary of the facts charged in the instant case is a person who operates an Internet shopping mall in the name of B Co., Ltd.

On December 30, 2015, the Defendant, when concluding a lease contract for the above office at the Dong-gu Office of Gwangju, Gwangju, Dong-gu Office, and the Defendant bears the burden of KRW 5 million. However, on the condition that E and F bear the monthly rents of the above office, the Defendant decided to conduct multi-stage business selling functional bedclothes in the trade name of G branch of Gwangju, Co., Ltd.

On the other hand, E and F explained the profitability of the functional bedclothes phase project operated by the victim H, who is the land owner for death and farming in the ecelebbs of Jeonnam, and solicits the project to be defective along with the project. On December 31, 2015, the victim who consented thereto purchased the functional bedclothes equivalent to the total of KRW 42,90,000,000 from the headquarters of G through E and F, and E purchased the above goods purchased by the victim from January 14, 2016 to the warehouse of the above Ctel D office.

On October 11, 2016, around 11:00, the Defendant entered the said Ctel D office with the key to the goods and warehouse kept on the new storage site and entered into the locks for goods and storage, and thereafter, the Defendant’s 10 of the 33,000,000 market price at the same time in storage in the goods storage, and 10 of the 33,000,000,000 won at the market price, including 10 of the 32,00,000,000 won at the market price, and 10 of the 3,00,000,000,000 won at the market price.

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