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(영문) 수원지방법원 평택지원 2018.12.13 2018고정212
절도
Text

The defendant shall be innocent.

Reasons

On July 17, 2017, the Defendant: (a) completed a tent construction at the site of the tent construction in Ansan-si; (b) removed from the warehouse; and (c) arbitrarily loaded a pipe at the market price, which was owned by the victim D, and cut off.

Judgment

Witness

D According to the legal statement of D and relevant evidence, the pipe at issue was one of the materials that the Defendant purchased and used to use to the Corporation, and that the Defendant would purchase the pipe at the place where the subcontractor was traded by D.

The fact that the pipeline price between the defendant and the defendant is deducted from the construction price after the completion of the subsequent construction works, and that D purchased the pipe and delivered it to the defendant.

According to the above facts, even if D purchased pipes, D intended to deduct the purchase price from the construction cost, and delivered the pipe purchased to the Defendant, and barring any special circumstance, D intended to transfer the pipe ownership to the Defendant, barring any special circumstance.

It is reasonable to see that there was an intention of unlawful acquisition against the defendant between reliance on and pipeing as such.

It is difficult to see it.

Therefore, not guilty by the proviso of Article 325 of the Criminal Procedure Act.

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