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(영문) 서울동부지방법원 2016.01.21 2014고단2419

절도등

Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. The Defendants committed the joint crime of the Defendants: (a) operate the so-called “Planning real estate company,” which is specialized in real estate trading along with F and G on July 201; (b) F, as the representative director, has decided to take charge of real estate color and purchase; (c) customer management and real estate sales; (d) G, as the managing director, as the managing director; (c) customer management and real estate sales; (d) Defendant B, as the former managing director; and (e) Defendant A, as an adviser, to secure business funds and manage accounts.

As such, the Defendants established and jointly operated the Victim E Co., Ltd. (hereinafter “victim”) with F and G. From July 2012 to July 24, 2012, the Defendants were dissatisfied with F, G and several times with the use of the company’s funds. On August 24, 2012, F conspiredd to steal documents related to the accounts of the Victim Company to take advantage of the favorable position in the dispute between F and G.

Accordingly, on August 24, 2012, at the victim company office located in Gangnam-gu Seoul Metropolitan Government H and five stories, the Defendants take up one copy of the data file related to the settlement of accounts to the employees of the victim company, two copies of the 2012 source/Additional Tax Return, two copies of the 2012 service non-payment ledger, one copy of the award payment ledger, one of the sales allowance payment ledger in 2012, one and one computer used by the Defendant A for his/her duties.

Defendant B instructed to load his car on Defendant B’s car.

In addition, the Defendants were driving a car in which the above goods are loaded.

As a result, the Defendants conspired to steal accounting-related documents and computers that could not know the market price owned by the victim company.

2. On July 11, 2012, Defendant A purchased digital camera sets (i.e., EOS 5D MarkⅡ, and Librens) through an Internet shopping mall company with a corporate credit card of the victim company, and received them from the victim company and kept them for the victim company.

However, the defendant's arbitrary digital camera around that time.