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(영문) 대구지방법원 2015.07.17 2014고정3051

절도

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On July 12, 2007, C Co., Ltd. operated by the defendant was insolvent on or around July 12, 2007, and the machinery (type 12, et al.) in the factory of the above company was awarded 11,640,00 won to D Co., Ltd. and the victim E.

Around 12:00 on October 31, 2012, the Defendant, upon the victim’s request, resided in a dormitory “not later than the normalization of the factory.” Around 12:00, the Defendant took a director at a different place from the pre-sale factory of a stock company C (hereinafter “instant factory”) located in Yongcheon-siF, and held a total amount of KRW 1,480,000 of the market price at the factory, stated the victim’s factory machinery and equipment (one flive machine, one drying machine, one khing machine, and one knife) as two knifes in the first written indictment. However, it appears that the Defendant’s defense right is not impeded ex officio in light of the following: (i) the amount of damages arising from C’s pre-sale factory in Yongcheon-si, Inc. (hereinafter “instant factory”); and (ii) the Defendant’s defense right is not guaranteed ex officio.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Each police statement of G and H;

1. Investigation report (or relative investigation by the representative director of the IJ who is present at the time);

1. Agreed letter, receipt; and

1. Documentary evidence of the successful bid price, and protocol of provisional auction for corporeal movables;

1. Application of Acts and subordinate statutes to photographs of goods brought into Korea without permission;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The head of the State shall be the director at the factory of this case and shall be the defendant.