beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The defendant does not pay a fine.
Reasons
1. The summary of the grounds for appeal is that the defendant, not to accept the previous overdue repair charges, is removed from the container strawls and sod valves (hereinafter “instant parts”) attached to the victim’s ownership, and despite the fact that the defendant could have recognized the criminal intent to acquire by deception and intent to obtain illegal acquisition of the instant parts, the court below acquitted this part of the facts charged, and thus, there is an error of misunderstanding of facts and misunderstanding of legal principles.
2. Determination
A. On July 28, 2014, the Defendant: (a) around 13:00 on July 28, 2014, on the part of the Defendant: (b) on the part of the Plaintiff, who was parked in the above location for the purpose of receiving a debt before the place of business located in the Gangseo-gu Busan Port; (c) on the part of the global corporation, as if it was urgently needed to repair the Crier’s possession of the global corporation, the Defendant acquired the parts equivalent to KRW 40 million at the market price, such as the container stuffs and the Jrier’s valves, by deceiving the D at the location of the manager of the above Lrierer’s management at the time.
B. The judgment of the court below held that the court below: (a) ① the instant luxer had been in fact a few months ago; (b) the Defendant showed the situation where the repair was needed to the manager of the instant luxer; and (c) the Defendant took away the said parts with permission; and (d) the Defendant requested the Defendant to promptly repair and return the said parts; and (d) the Defendant did not demand that the said parts be immediately returned; and (v) the Defendant had conducted research to solve the new problem; and (v) the Defendant currently kept the said parts, and if the Defendant acquired them by fraud for the purpose of obtaining debt reimbursement, it would have been disposed of and commercialized.