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(영문) 대전지방법원 천안지원 2015.07.23 2014고단1851
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] The logistics warehouse in Gyeyang-gu, Yangyang-gu (hereinafter “instant warehouse”) is a storage of the products used by three companies, such as E and F operated by the victim D, H, and J operated by the I. The Defendant, as the victim and the branch, has frequently visited the victim’s company where the instant warehouse is located, and obtained K and inside the warehouse.

【Criminal Facts】

Around 16:30 on January 4, 2014, the Defendant stated that K will take goods into the warehouse, and entered the warehouse. The Defendant: (a) purchased 10,000 glutinous rice from L operator M and N operator, and stored in the above warehouse; (b) 19,500,000 glutinous rice market price of 10,000 glutinous rice; (c) equivalent to 19,50,000 glutinous rice market price of 19,000 glutinous rice; (d) equivalent to 14,50,000 glusian market price of 10,000 glusium; (e) equivalent to 85,000 glusian market price of 175,500,000 glusium market price of 9,000 glusium 2,1050,5050,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, K, M, P andO;

1. Application of the respective Acts and subordinate statutes to include a report on investigation, a report on investigation (documents submitted by a victim), and a copy of a statement of transactions;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. At the time of conviction under Article 62-2 of the Criminal Code of the Probation and Social Service Order, the Defendant: (a) acknowledged the fact that damaged goods are loaded into five tons truck; (b) delivered damaged goods to R upon the R’s request with the goods owned by R (or S; hereinafter “R”); and (c) even if the goods are not owned by R, the Defendant misleads the Plaintiff as owned by R and delivered them to R.

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