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(영문) 수원지방법원 2014.02.12 2013고단5158

절도

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered from April 2009 to November 201, 2010 to E with the aim of distributing party supplies operated by victim D and fostering party players, and was in charge of fund management, players management, etc.

Around May 2009, the Defendant received a request from the victim to lend the Defendant’s wife F in purchasing passenger cars to be used for transporting passengers for the purpose of transporting passengers, etc., and accepted the request. According to the above consent, on June 26, 2009, the victim purchased approximately KRW 80,000,000,000, and operated the said passenger cars by bearing all expenses, such as acquisition tax, registration tax, loan installment, insurance money, etc. necessary for the purchase and maintenance of the said passenger cars until July 201.

On July 201, the Defendant arbitrarily recovered and sold the said van to request the victim facing the business deterioration of E to request documents necessary for the disposition of the said van, and paid the sales proceeds to the said van under the name of the Defendant’s wife F. The Defendant was willing to pay the loan to the said van under the name of the Defendant’s wife, and the Defendant was willing to pay the benefits that he had not received while working in E.

On July 26, 2011, the Defendant kept the key of the said Gohap in the process of running with the E office located in Yeongdeungpo-gu HH building 603, Young-gu. On July 26, 201, the Defendant: (a) had the key of the said Gohap while negotiating the price with the said applicant for purchase; (b) was driving the said Gohap at the level of KRW 41 million at the market price in front of the said building; and (c) was stolen by driving it.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including I's statement);

1. Statement made to D by the police;

1. The complaint book, photographs of victimized vehicles, registration tax, acquisition tax, documents related to the purchase of bonds, details of installment payments, business registration certificate, confirmation of each fact, copy of examination record of witness; and