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(영문) 부산지방법원 동부지원 2017.05.31 2016고정1189

절도

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On March 1, 2016, the Defendant, at the construction site of E located in P, 14:00 on the day when it is impossible to know of the lower day of March 1, 2016, sold the container stuff (6m, width of 51m) owned by G Co., Ltd., which is managed by F (V, South, 51 years old) to H (V, 54 years old) who operates the vessel to have the vessel to another place, and subsequently stolen the container stuff equivalent to KRW 1,20,000 in the market price.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made with H;

1. Each recording record (the defendant's side argues that not only steals of container stuffs but also takes over container stuffs by paying two-months of the management fee that the defendant would receive.

However, in light of the fact that there is no objective evidence as to the receipt of reimbursement, and the Defendant stated that there was no proper disposal and there was no payment for the disposal, which is in violation of the H’s statement and the fact that the Defendant received the container stuff, and the victim F consistently stated that the Defendant would bring about at will, the instant facts charged may be fully recognized) statutory application.

1. Article 329 of the Criminal Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;