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(영문) 서울동부지방법원 2016.10.06 2015고단1578
절도
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant, as the representative of C Co., Ltd., was the Defendant, on March 1, 2014, continuously occupied a commercial building without permission even after the lease contract period has expired. The Defendant, as the representative of C Co., Ltd., occupied the commercial building without permission, after he leased the 8rd Ear Station in Songpa-gu Seoul Metropolitan Government, the 1st and the 3rd underground floor.

On June 19, 2014, among them, the water pipelines were cut off by using 170,000 won, without the consent of the victim, without paying the water rate until December 19, 2014.

2. Comprehensively taking account of the evidence duly admitted and examined by the lower court, it is insufficient to recognize that the Defendant stolen tap water as above.

[A person who installs a water pipeline in the above store and actually uses the tap water is a G who installed the above store, not the defendant, and operated the above store. G also installed the water meter according to the direction of the victim’s E Station staff (Hsubsidiary). Accordingly, even if C Co., Ltd. operated by the defendant transferred the above store to G without permission after the completion of the lease with the victim, and has a civil obligation to pay the water fee for the above store to the victim, and such circumstance alone does not mean that the defendant stolen the above tap water. Thus, since this case does not constitute a case where there is no proof of criminal facts, it shall be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this decision shall be published

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