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(영문) 춘천지방법원 속초지원 2020.05.13 2018고정155
절도
Text

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

Reasons

1. From 2016 to 2016, the injured party B was able to lease and use the water tanks of the D bonded warehouse located in Sinsisisi, and was in custody of the injured party’s meat boxes (hereinafter “boom box”) via the D livestock storage team leader E.

On May 14, 2018, the Defendant, at around 11:15, stolen 905 boxes worth KRW 1,764,750, which were owned by the victim, on the ground that the Defendant brought about a box that had been kept in the said bonded warehouse while engaging in trade business two years prior to the said bonded warehouse.

2. In full view of all the following circumstances admitted by the evidence duly admitted by the prosecutor, the sole evidence submitted by the prosecutor alone is insufficient to readily conclude that 905 boxes brought by the Defendant are owned by the victim, and there is no other evidence to acknowledge this.

In 7,344 green boxes purchased by the victim, there is no indication of the victim, such as the name, trade name, and telephone number.

B. The victim purchased green boxes around May 2016. Since around September 2016, keeping the boxes in D bonded warehouses was around September 2016, and around December 2016, 3,000 boxes to be returned by the Defendant were stored in D bonded warehouses.

(B) It seems that there were green boxes. However, it seems that companies using the above bonded warehouse did not strictly distinguish the owners of the boxes and used the boxes, and thus, if the winners are mixed with each other (the third page of the F witness F witness Examination Record and the police statement of the 20th page E), it cannot be ruled out that the possibility of mixing the above green winners owned by the victim with the defendants and other companies owned by the other companies, including the defendant, until May 2018, the date of the occurrence of the instant case.

C. Meanwhile, around June 2017, E classified the boxes stored in a bonded warehouse for each owner and engaged in a green box classified as the victim.

(b).

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