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Reasons
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(영문) 수원지방법원 평택지원 2012.08.24 2012고정356
절도
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The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On December 9, 2011, the Defendant stolen approximately KRW 50,000,00 of the market value of the victim E, which is the victim E, by loading about KRW 3.5 million on the truck.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning the crime, selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Penalty of one million won to be suspended;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. The defendant is not guilty of larceny for the following reasons.

They claim to be an act that does not violate social rules.

A. The victim E transferred the right to cut trees to F, and the Defendant acquired the right to cut trees from F, and the above F did not pay the money to the above victim, the victim cancelled the contract with F to transfer the right to cut trees and demanded the Defendant to suspend the release of trees.

However, even if the contract with the victim was terminated as above, the defendant is a third party who has an interest based on the relationship of rights before the cancellation, so it shall be deemed that the defendant acquired the ownership of the cut trees, and therefore it shall not be deemed that the defendant has a criminal intent for larceny.

B. The Defendant fulfilled his duty, and even if the victim demanded the Defendant to suspend the removal of the punishment, the Defendant’s act does not violate social rules.

2. Determination:

A. According to the above evidence, the facts of recognition are examined, and according to the above evidence, the victim E who is awarded a contract for the construction of a factory site shall be simultaneously with the oral F, and the F shall be simultaneously with the commencement of the construction of a bed.

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