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(영문) 수원지방법원 성남지원 2017.01.12 2016고단1500
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 defendant is a person who works in the F, a scrap metal business chain.

On September 10, 2015, the Defendant: (a) purchased the victim I, who is the actual operator of the above factory, in the H factory located in Gwangju-si, Gwangju-do; (b) measured the actual weight in the presence of the victim; and (c) then purchased the shot beam (H-beam) in the above factory; and (d) discovered the prices of one container, one prefabricated-type building; and one crapist (compresor); and (e) agreed to consult later on whether to trade.

However, the Defendant used the correct weight of the said scrap metal and the fact that the victim was unaware of the market price in containers, etc. to arbitrarily take them, and disposed of them to acquire economic benefits.

Accordingly, the Defendant, from September 16, 2015 to the 17th day of the same month, used the gap in the above factory, and used the gap in which there is no victim, thereby cutting down the scrap metal of 25,000 won equivalent to the market value of 4,250,000 won owned by the victim, one container of 5,000,000 won in the market value, one string container of 5,000,000 won in the market value, one compressed machine of 5,000,000 won in the market value, and one prefabricated-type building of prefabricated-type in the market value, which is the sum of 1,025,00 won in the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, I, K and L, and some legal statements of the witness M;

1. On-site photographs, written confirmation of measurement, written confirmation of purchase, etc. [The defendant and his defense counsel merely introduced the defendant's transaction of scrap metal, etc. (hereinafter "the instant scrap metal, etc.") recorded in the criminal facts to the victim and F. The defendant was not a party to the transaction of the instant scrap metal, etc., and the defendant was taken out of the instant scrap metal, etc. according to the sales contract, and thus, it did not constitute larceny since there was no intention of illegal acquisition.

The argument is asserted.

However, in full view of the evidence duly adopted and examined by this court, 1.

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