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(영문) 부산지방법원 서부지원 2019.09.26 2019고단864
특수절도
Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 3,000,000, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A has been working as a field manager at the workplace of the victim DD company and engaged in the business of connecting healthium, etc. with air pressure containers. Defendant B retired from the workplace of the victimized company around 2017 and worked in the “E company” as a driver at the workplace of the victimized company. Defendant C is a person working in the “F company” as a cooperation company of the victimized company.

On January 2019, the Defendants thought that they sell healthium gas produced by the victimized company as the supply price is so wide as due to the source phenomenon of healthium gas, etc., and Defendant C sent the empty gas in the “E company” to the place of business of the victimized company, Defendant A deducted the healthium gas owned by the victimized company in advance by means of gas filling and replacing the gas in advance, and Defendant B continued to sell it.

Accordingly, on January 1, 2019, Defendant A instructed H employees in charge of gas systems and production at the workplace of the victimized company located in Busan Y, the workplace of the victimized company, which is located in the Busan Y, to charge hhium gas (47L, respectively), to prepare eight hium gas-containings containing hium gas.

At around 11:00 on January 15, 2019, Defendant A and C continued to get off 4 gas supply of the “E Company”, which was loaded in the cargo belonging to the “F Company” operated by Defendant C, and continued to load 4 bottles out of 8 gas stations charged as above.

As a result, the Defendants conspired and embezzled the property owned by the victimized company that Defendant A keeps in the course of business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and J;

1. Application of the Acts and subordinate statutes to a criminal investigation report (a CCTV closure photograph and image attachment).

1. A of the relevant legal provisions pertaining to criminal facts: Articles 356, 355(1), 30(1), 30(2), and 355(1), 355(1), 30, and 33 of the Criminal Act;

1. Punishment;

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