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(영문) 울산지방법원 2013.04.25 2012고정1111

절도등

Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A

A. On October 31, 2010, the Defendant, on October 31, 2010, destroyed the content of revenue and expenditure of the auction site through auction, etc. and discarded a detailed statement of auction transaction owned by the victim and used as evidentiary materials to settle with the victim B.

B. At around 13:00 on December 20, 2010, the Defendant did not deliver the amount of KRW 300,000,000 to the above congratulatory money upon the request from the victim B to the effect that “G’s marriage congratulatory money was changed” at the above auction site. At around that time, the Defendant arbitrarily consumed and embezzled it for personal use.

2. On October 23, 201, from around 09:30 to 17:00 on the same day, Defendant B interfered with the victim’s auction room business by force by leaving five lockeds, such as the “F” in the U.S. E’s operation “F” located in Ulsan-gun E, Ulsan-gun, where the victim continuously carried out the Defendant’s goods in the above auction room without permission, and moved them to another place. However, Defendant B closed the auction room by using locks, such as the front entrance door and passage connected to the outside of the auction room, and preventing the customers entering the auction room from entering the auction room.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and A;

1. The statements made by witnesses I, B and J in the fourth trial records;

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each complaint (including attached documents);

1. Application of the provisions of Acts and subordinate statutes to entry in bankbooks (G stables-related);

1. Defendant A of the pertinent legal provisions relating to criminal facts: Articles 366 and 355 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of embezzlement) and Article 314 (1) of the Criminal Act (the selection of fines);

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant A’s assertion under Article 334(1) of the Criminal Procedure Act.