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(영문) 춘천지방법원 2016.02.04 2015고정339

재물손괴

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person working as a director in charge of management in C Co., Ltd. (hereinafter referred to as “C”).

D and the defendant E are co-representative directors of C.

D and E decided to make an investment of KRW 50 million in each of them, but E could not make an investment of KRW 50,000 due to personal circumstances, it agreed that KRW 100,000 per month from C to KRW 100,000 per month as interest.

E repaid KRW 25 million to D in 2009, and D thereafter brought about KRW 500,000 per month as interest, and E demanded that D bring about KRW 250,000 per month, but D did not comply with it.

E intends to pay the remainder of KRW 25 million to D on March 2, 2015 and to prevent D from bringing the remainder of KRW 500,000 per month to D. However, while D does not receive any money, the Defendant who continued to bring the remainder of KRW 500,000 per month from C without receiving the money.

On March 21, 2015, the Defendant damaged one set of TV sets equivalent to KRW 200,000,00,000, market price of the victim C owned by the victim C at the president room used by D in Chuncheon City F, around 15:30 on March 21, 2015.

Summary of Evidence

1. Legal statement of the witness D;

1. Written statements prepared in D;

1. On-site photographs;

1. A criminal investigation report (related to a written estimate attached);

1. Application of Acts and subordinate statutes to the police interrogation protocol to the accused;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;