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(영문) 제주지방법원 2012.11.30 2012고정652
절도등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 27, 2012 and May 29, 2012, the Defendant: (a) cut off soil from dry field owned by the victim D, which was located in Jeju Island; (b) cut off by using heavy equipment; and (c) cut off 25 tons of freight, and stolen it.

2. The Defendant: (a) around May 27, 2012, at the dry field as indicated in paragraph (1) around May 27, 2012, the Defendant: (b) the dry field was not owned by the Defendant; and (c) the fact was that the dry field was not owned by the Defendant and was not authorized to sell soil in its place; (d) the victim E would sell soil as if the dry field was owned by the Defendant; (e) the amount of KRW 200,000 on May 27, 2012; (e) the amount of KRW 350,500,000 on May 29, 2012; and (e) the amount of KRW 7.4 million on May 30, 2012, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act concerning criminal facts (the point of larceny and the choice of a fine on the market), and Article 347 (1) of the Criminal Act (the point of fraud and the selection of a fine on the market);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Punishment provided for in Judgment Noggravated Punishment)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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