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(영문) 인천지방법원 2018.05.25 2017고정2706
건조물침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2016, the Defendant agreed to transfer the whole and the right to operation of the term “EPC room” in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-do, where the Defendant was operated by the Defendant to the victim C at KRW 7 million. On the same day, the Defendant received a delivery of KRW 2 million as the down payment from the victim, who is an employee of the Defendant, delivered the key of the above skin bank to the victim through F, who is an employee of the Defendant. On December 8, 2016, the Defendant was transferred KRW 200,000 from the victim as the part payment.

On the other hand, the victim would pay the balance of 2 million won for the defendant to resolve the above PC monthly rent and electricity rent.

At the same time, there was a delay in the payment of the balance.

Accordingly, the Defendant identified the password of the entrance, which the victim notified to the signboard business operator in order to establish the signboard of the above scam, through the signboard business operator. On January 9, 2017, at around 10:00, the Defendant entered the entrance password of the above EPC, and came to have the PC room, which is the victim's possession of the total market price of KRW 5,100,000,000, such as the 7th, monitor7, and one hot blast.

Accordingly, the defendant invadedd on a structure managed by the victim, and stolen the victim's property.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Protocols of examination of witnesses who are not on trial date for witnesses C;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on purchasing receipts, such as cupcurter;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (the occupation of a structure intrusion), Article 329 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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