The defendant shall be innocent.

1. On January 27, 2016, the Defendant entered into a contract with the victim C, a representative of the “B”, for the “E” Korea Housing Construction Corporation (80 million won for construction cost) located in Yeongdeungpo-gu, Young-gu.

The victim, around that time, installed containers (supply price of KRW 2,904,00) at the construction site at the above construction site and had been doing the construction work, was notified of the termination of the contract by the Defendant around April 3, 2017, and completed the contract at the construction site around that time.

From around that time, the Defendant demanded the victim to draw up the above container, but on July 2017, the Defendant instructed the manager F to draw up the above container, and the F sold the container at 10,000 won in accordance with the direction of the manager F on the 14th day of the same month, and the nameless person changed the container to a large truck.

Accordingly, the defendant stolen the victim's property.

2. Determination

A. First, the defendant and his defense counsel purchased the container of this case with advance payment that the victim received from the defendant for the purpose of using it in the construction of this case, and since the price for the container containing such purchase cost was appropriated as advance payment made by the defendant, the container of this case is owned by the defendant at the time of the crime of this case, and even if not, in light of the circumstances after the victim ceased the construction of this case, the victim renounced the ownership of the container of this case, and cannot be deemed to have possessed the container of this case, and there cannot be deemed to have been the defendant with the intention of larceny, and therefore, the defendant's act does not constitute the element of larceny.

According to the records of this case, the victim received the container of this case from the defendant for the purpose of using it in the construction of this case.