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청주지방법원 2014.02.21 2013노344

특수절도

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

1. The summary of the facts charged in the instant case is a business operator engaged in the manufacturing industry with the trade name of “F” in e in ethic City. Defendant B and C are those who worked for the victim H Co., Ltd. in Haju-si, and “F” have been supplied with parts from the victim.

The Defendants conspired to steal the parts owned by the victim as the victim requested the increase of the unit price and refused the supply of the parts of the vehicle, and then enter the factory at around 08:00 on August 10, 2012 by using the entrance keys installed at the victim's factory, and entered the factory at around 08:0 on August 10, 2012, and 3,85,640 COBV 9,640 on the market price of 3,856,00, T-300 COV 3,600, T-303,80 COB 803,603,800, T-300, 300, 204, 204, 2,804, 300, 305, 206, 206, 305, 206, 206, 305, 206, 305, 206, 205, 20-6 market price.

Ultimately, the Defendants jointly stolen the victim’s property.

2. The summary of the grounds for appeal is that the value of the raw materials provided by Defendant A is not about 70% among the value of the parts of the fish bags brought by the Defendants to the victim’s factory, and it is difficult to know how much the value increases due to the victim’s processing act. Although the ownership of the above raw materials can be seen to be in R Co., Ltd., the lower court erred by concluding that the above parts of the fish bags are owned by Defendant A and thereby acquitted the Defendants.

3. Amendment of the indictment in preliminary case.

A. In the first instance trial, the prosecutor shall use the name of the crime against the Defendants as “influence of structure” and “afluence”, and Articles 319(1), 323, 30, 37, and 37 of the Criminal Act.