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(영문) 서울동부지방법원 2019.08.28 2018고단3385

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was engaged in the business of selling cosmetics and beauty art equipment from June 2016 to the trade name of the victim B and C.

Defendant on January 30, 2017 and for the same year.

1. 31. &

2.1. Around January, 200, at C Office located in Seocho-gu Seoul Metropolitan Government D Building, the victim and the co-owned 38 type equipment of skin 3 (Cedu), Alataidine 241 strawlidine and the cargo vehicle were stolen by means of carrying them on board and carrying them on board.

Summary of Evidence

1. Each legal statement of witness B and E;

1. 112 Reports processing slips;

1. Briefs (Evidence No. 58), lease contract;

1. Application of the laws and regulations governing the removal photographs, A-B message (Evidence No. 77)

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

1. The main point of the argument is that the goods of this case were owned by the defendant during the settlement process or the defendant moved the goods of this case with the consent of the victim, so it cannot be deemed that the defendant stolen them, and the defendant transferred the goods of this case to the defendant in the process of demanding the victim to leave the goods of this case for the same work with E, so the defendant did not have the intention of theft

2. Determination

A. According to Article 716 of the Civil Act of the first legal doctrine on the grounds for termination of the agreement between the defendant and the victim, a union member may withdraw at any time, in principle, if the term of the union is not specified, and a union member may withdraw from the union in extenuating circumstances even if the term of the union is specified. Here, a union withdrawal goes beyond the status of a union member in the future, and in this case, the union member's own identity is maintained by the rest.