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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2237

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a real estate brokerage office under the trade name of "D" in Nam-gu Busan Metropolitan City.

On January 10, 2017, the Defendant entered into an agreement with respect to the remaining KRW 2,200,000,000, out of KRW 3,200,000, which was lent to the victim B, and not repaid by January 20, 2017, on account of the receipt of a verbal statement equivalent to KRW 6,00,00,000, which was paid by the Defendant.

1. On January 25, 2017, around 17:00, the Defendant, at the victim’s oral store located in Busan Southern-gu building E. 222, brought a theft of the Defendant’s oral 22-hours, including the sum of KRW 7,840,00, and the sum of the market prices of KRW 6,440,00, an oral 140,000, and the sum of KRW 14,560,00, and the sum of KRW 14,560,00, in total, of KRW 14,560,00.

2. On February 1, 2017, the Defendant: (a) on February 1, 2017, at the verbal store “F” as above, stolen the Plaintiff’s share of the victim’s ownership, which was kept in a store in a crepan; and (b) on February 1, 2017, 16,905,000, 210 U.K. share the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on internal investigation (a loan certificate and a photograph of a written agreement), a loan certificate, a summary statement, a report on internal investigation (a document attached to the volume of damaged articles and the market price) and a criminal investigation report (the calculation of prices of verbal expressions stolen and the confirmation of the amount of damage);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (Article 32(1)3 and 25(3)3 of the Act on Special Cases Concerning Compensation (Article 32(1)3 and 25(3)3