The meaning of illegal acquisition in the case of leaving the male ship mooring at the sea and leaving it at other place after the shipbuilding is completed without the consent of the owner of the ship.

The intention of illegal acquisition necessary for the establishment of larceny under the Criminal Code refers to the intention to use or dispose of another person's property, such as his own property, in accordance with the economic usage, and there is no intention to regard the economic interest of the property permanently.

Prosecutor Kim Young-chul

Defendant

Support for Incheon in the first instance, and Seoul High Court in the second instance.

In accordance with the Criminal Act, the intention of illegal acquisition necessary for the establishment of larceny means the intention of using or disposing of another person's property in accordance with the economic usage with his own property and the pattern of his own property, and does not require it to be the intention to see the economic interests of the goods permanently. According to the reasoning of the original judgment, the court below, on the ground of denying the charges of special larceny, deems that, in light of the defendant's investigation record against the defendant's testimony in the second instance process or the first instance trial process, and the contents of the protocol of statement in the preparation of disposition of affairs against the witness in the first instance trial, the defendant was not merely taken place for the purpose of temporary use from the beginning of this case, but it is not clear that the defendant had no evidence to acknowledge that the defendant had an intention to obtain illegal acquisition of his own property or possessor, and that the defendant did not have an intention to obtain illegal acquisition of his own property on the second instance of Incheon on the same date without the consent of the court below to see that the defendant was not guilty on the 12th day of December 129, 20013.

Justices Park Jong-chul(Presiding Justice) (Presiding Justice)