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(영문) 춘천지방법원 2014.06.12 2013고단1225
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 17, 2011, the Defendant was sentenced to six months of imprisonment for fraud in the Chuncheon District Court, and completed the execution of the sentence in the Chuncheon Prison on March 17, 2012.

On July 19, 2013, at around 07:00 on July 19, 2013, the defendant stolen the Track (SN43, E, and the price 28 million won purchased by the victim) owned by the victim D in Chuncheon City C by receiving 7.2 million won and selling it to F who arbitrarily operates the Eunpyeong-gun Agricultural Machinery Center without the victim's consent.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement concerning F;

1. A certificate of the results of electronic financial transfer;

1. Before the judgment: Criminal history records and other inquiries, the defendant alleged that he/she sold the Trackter with permission from the victim, but did not pay the proceeds to the victim, and that there was no theft of the Tracker. However, the victim stated that he/she had no permission from the investigative agency to sell the Tracker after he/she had consistently offered that the defendant would sell the Tracker for 7 million won, and that the Tracker would not sell the Tracker. In addition, the Tracker could not directly experience the situation before and after the Tracker became aware that the Track was stolen. The statement is credibility in the statement because it is reasonable to explain the situation, ② F was argued that the victim was stolen at the police station, and the victim tried to buy the Tracker and then the Kacker was about 70,000,000 won and then the Kacker's price was about 70,000.

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