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(영문) 서울동부지방법원 2013.04.04 2013고단171

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[2013 Highest 171]

1. At night, from around October 2007 to around October 2012, the Defendant: (a) E, operated by the victim D in Seoul Gwangjin-gu, Seoul Special Metropolitan City, used the key in which the victim did not pay part of the wages; (b) was in his/her possession at that place; (c) stolen the tools owned by the victim by using the key in which he/she did not return, and was able to appropriate it for his/her own claim.

At around 23:30 on December 29, 2012, the Defendant: (a) opened a entrance and intruded with the key in the above “E” office; (b) opened the entrance, and rupture up to 2,50,000 won of the market price owned by the victim D; (c) cut down the vehicle into the front office with a total of KRW 1,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, won; and (d) cut off the vehicle, including 1,50,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00.

Accordingly, the defendant invadedd the building managed by the victim and stolen the property owned by the victim.

[2013 Highest 430]

2. On August 6, 2011, around 01:40, the Defendant: (a) had expressed the attitude that the Defendant had the victim H who operates G taxi had no intent or ability to pay the taxi fee even if using the taxi normally; and (b) had the victim paid the taxi fee to the victim H, who did not have the intent or ability to pay the taxi fee; and (c) had the victim operate the said taxi in the vicinity of the Yeongdeungpo-gu New Pung Station and did not pay the taxi fee of KRW 45,00,000, the Defendant acquired property benefits equivalent to the said amount.

Summary of Evidence

(b).