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(영문) 서울중앙지방법원 2016.12.14 2016고정2512

절도

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 2015, the Defendant, at the office of the victim Daedong Shipping Co., Ltd. in Jongno-gu, Jongno-gu, Seoul, 13-ro 5-gil, brought a theft of one HPavill drive equivalent to KRW 1,319,00 of the market price owned by the victim, which was established at the same time, to continue to be used while withdrawing the said company.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the Criminal Act, the choice of fines for the crime (based on each of the evidence at the market, the hard disc of this case is the victim Daedong Shipping Co., Ltd. (hereinafter “Modong Shipping”).

A) It is recognized that the Defendant was an object owned and possessed by the Defendant. At the time of the instant case, the Defendant was an employee of the Dadong Shipping, who used the instant Dok disc for its business, and thus, regardless of the legal relationship between D and Dongdong Shipping or the source of the cost of purchasing the Dok disc, the instant Dok disc was owned or occupied by the Dokdong Shipping, and the Defendant was sufficiently aware or could have sufficiently known of it. Whether the Defendant obtained permission from E does not affect the establishment of the crime of larceny).

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act (see, e., that the defendant is the first offender and is considered in