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(영문) 수원지방법원 안양지원 2020.04.10 2019고단2319
절도
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The victim B corporation is a new construction of the "D" corporation located in the Guang City City, and the defendant is a person who has served as the head of the site in the above construction site under E (State) who is a subcontractor of the victim company.

The Defendant had the victim company purchased and arbitrarily removed the iron bars supplied at the construction site and sold them to the scrap metal company.

1. On April 20, 2019, the Defendant: (a) committed a theft by having G of “F”, a high iron purchaser company, enter the said construction site by taking advantage of the gaps in which the watch of the employees on duty of the victim company was neglected; and (b) had H gather up and loaded the said site; (c) had the victim company carry KRW 2,538,00 (8,640 g of iron bars) at the victim company’s market price.

2. On June 1, 2019, the Defendant stolen the said G by having it carry a total of KRW 10,000 (10,000) of the steel bars equivalent to the market value of KRW 3,00,000 in the aforementioned manner at the construction site.

3. On June 15, 2019, the Defendant stolen the said G by forcing the said G to load a total of KRW 9,260 km in the market value of KRW 2,600,000 in the said method.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the I, J, K, and L;

1. Application of Acts and subordinate statutes governing evidence photographs submitted by I;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning criminal facts and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;

2. Sentencing criteria: Non-application of the sentencing criteria as the person selects a fine.

3. Determination of sentence: The fact that a fine of three million won is imposed by the defendant carrying the scrap metal owned by the victim, the contractor, without permission, and the amount of damage reaches 8,138,000 won in total: Provided, That the defendant is against the law;

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