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(영문) 울산지방법원 2014.04.28 2014고정110
절도등
Text

The defendant shall be innocent.

Reasons

Defendant A is the child of C in the facts charged.

C concluded a contract on February 26, 2013 to sell all the articles and fixtures of the said entertainment tavern to the victim on the purchase price of KRW 90 million. On March 15, 2013, the victim received all the money from the victim and delivered all the articles of the said entertainment tavern and internal articles to the victim. However, the victim knew of the password of the said entertainment tavern and the said entertainment tavern and the said articles, the victim was able to steal the articles owned by the victim by intrudeing the victim’s identity.

C around March 18, 2013, upon intrusion upon the above D amusement points, the Defendant told the Defendant to have the articles in the above D entertainment bars, and caused the Defendant to intrude into the structure managed by the victim and to steal the property owned by the victim.

1. On March 18, 2013, from around 20:00 to March 19, 2013, the Defendant: (a) entered the password of the said main entrance, which was known to the Defendant from around 20:00, into the said D entertainment tavern; (b) went into the inside; and (c) cut off the said main entrance, with five air-TV units equivalent to KRW 8,375,00 at the market price of the victim’s ownership of KRW 3,375,00; and (d) five air-TV units equivalent to KRW 4,385,00 at the market price of KRW 2,145,00 at the market price.

2. From around 20:00 on March 19, 2013 to around 17:00 on the same month, the Defendant: (a) invaded inside the said entertainment tavern in the same manner as Paragraph (1); and (b) stolen the said entertainment tavern with only one air conditioner equivalent to KRW 710,000 in the market price of the victim’s ownership; (c) one air conditioner equivalent to KRW 400,000 in the market price; and (d) four sunbsing lights equivalent to KRW 1,860,000 in the market price; (d) four boxes and shocks equivalent to KRW 4,90,00 in the market price; and (e) one television of the market price of KRW 600,00 in the market price; and (e) one stringer, 3,300,000 in the market price.

3. On March 22, 2013, around 12:47, the Defendant: (a) removed and stolen two front signboards, protruding signboards, and one protruding signboard, the market price of which is equivalent to KRW 2428,00,000, which were installed on the external wall, from the outside wall of the entertainment tavern building.

Accordingly, the defendant is the victim twice according to C's teachers.

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