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(영문) 인천지방법원 2015.01.15 2014고단8025

절도등

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

[Attachment] On May 13, 2013, the Plaintiff entered into a contract with the representative Q of Y, Inc., claiming that the Plaintiff is a right holder of a part of the old X site located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, for the management and removal of the above factory site, and concluded a contract to “O deposit for the scrap metal of R, which entered into a removal service contract with Q before it, and if the said R renounces the above service contract, the saidO would be entrusted with the management and removal authority of the above land.”

In addition, on the same day, the defendant concluded an agreement with the aboveO, and that if the defendant disposes of KRW 215 million deposit for the removal of R, he/she shall delegate all the rights to manage and remove the land to the defendant.

However, the Defendant failed to pay the deposit under the above agreement, and as to the above land and the above ground buildings, the Z, other than the above Y, owned the share ownership, and such circumstances were known to Q prior to that time, the Defendant did not have any right to remove the above ground buildings or the above buildings and the above buildings, and thus, the Defendant did not have any right to remove them.

【Criminal Facts】

1. A thief: (a) around 07:00 on August 22, 2014, the Defendant: (b) committed theft by having the owner of the victim Z, etc., who was under custody in the said place to A, AB, and AC, etc., who was an employee of the removal company, carry 175 tons of scrap metal equivalent to KRW 49 million on the cargo truck.

2. On September 11, 2014, the Defendant attempted to steals by having a removal company employee AE, AA, AF, etc., including AD, carry the scrap metal worth KRW 25 million in the market price, which was owned by the victim Z, etc., which was kept in the said place, onto the truck, at around 04:47, the Defendant reported to the police, but failed to bring about a theft.

Summary of Evidence

1. The defendant's legal statement; 1.1.