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(영문) 울산지방법원 2016.04.08 2016노209
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the larceny among the facts charged in this case as to the thief among the facts charged, the Defendant’s driving between the Defendant and the Defendant’s driving of a vehicle owned by the Victim E is merely a larceny without any intention to acquire unlawful acquisition, and the crime of unlawful use of a vehicle is established. However, the lower court erred by misapprehending the fact that the lower court recognized the establishment of larceny as to this part of

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination:

(a) The intent to acquire illegal goods in the course of larceny that is alleged to be true is the intention to acquire the goods permanently, that is, the intention to acquire only the value of the goods or the like, even though it is not necessary to possess the economic interest of the goods permanently, that is, the intention to acquire the goods or the equivalent right.

In the case of using another person's property without the consent of the possessor, if the use of the property is so consumed to the extent that the economic value of the property itself is significant, or if the property is disposed of in another place other than the original one, or it is in possession of the property for a long time without the return thereof, the intention of infringing on the ownership or principal

In light of the aforementioned legal principles, the intent of unlawful acquisition may be recognized (see, e.g., Supreme Court Decision 2010Do9570, Aug. 18, 2011). In light of the foregoing, the following circumstances, which can be recognized by the evidence duly admitted and investigated by the lower court in light of the foregoing legal doctrine: (i) the Defendant, as he/she retired from the victim company, has passed three months; (ii) even if it is apparent that he/she has no right to use the victim’s vehicle, he/she is driving the vehicle for personal purposes to transport his/her own news without the victim’s permission; and (ii) after using the vehicle, he/she uses

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