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(영문) 대구지방법원 2016.12.07 2016고정676

절도

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

The defendant is a representative of Sshacking Business Co., Ltd., and the victim D is in the same business relationship.

1. On December 18, 2015, the Defendant: (a) around 23:16, 2015, was placed in the name of Hyundai Capital in the 505 underground parking lot, Kacheon-gu, Daegu-gu, Daegu-dong, 2015, 505, an apartment house; and (b) was stolen by using the key in the ENAS car operated by the victim D in advance.

2. The Defendant took advantage of the towing vehicle without the victim’s consent, with the Franchising vehicle owned by C (State) operated and occupied by the victim at the time and place set forth in the above Paragraph 1.

As a result, the defendant, who is the representative of the defendant, taken the above C (State) ownership and the things possessed by the victim, thereby hindering the exercise of rights by the victim.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of witness D;

1. Part of the witness G's legal statement;

1. Application of the Acts and subordinate statutes of the certified transcript of corporate register, stock transfer and takeover contract, two copies of a registration certificate, investigation report, CCTV image, and automobile lease certificate personnel;

1. Relevant Article 329 of the Criminal Act, Article 323 of the Criminal Act, Article 323 of the Criminal Act, and the choice of a fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his/her defense counsel's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act asserts that "the defendant and his/her defense counsel are justifiable since the victim brought a vehicle to prevent the loss of the company due to the failure to pay the vehicle installments

The following facts and circumstances acknowledged by the evidence of the judgment are the shareholders of C(State).