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(영문) 대구지방법원 서부지원 2017.05.26 2016고정1139
절도
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around May 2012, the Defendant: (a) planted standing trees on the Defendant’s land located in C and Gyeongbuk-gun; and (b) sold them to the Defendant’s land located in C and Gyeongbuk-gun; and (c) planted standing trees on the victim F’s land located in the vicinity E.

Although the Defendant, on December 15, 2015, decided to purchase trees from G, who is a arche of C, was aware of the fact that H extracted from the victim’s land by admitting the fact that he/she was aware of the fact that he/she fell into the victim’s land, he/she had H, who is aware of the above standing trees as owned by the Defendant, bring about 63 weeks of the above standing trees, and was remitted from C to the Defendant’s account on February 15, 2016, KRW 6,100,000 including the above standing trees price of KRW 1,260,000,000,000,000.

Accordingly, the defendant stolen 63 shares of standing trees owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A legal statement of I (nameJ prior to the opening of a name);

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on investigation reports (to hear suspect K phone statements), investigation reports (to hear witness H phone statements), investigation reports (to submit a detailed statement of account transactions A by a suspect), and details of account transactions;

1. Articles 329 and 34(1) of the Criminal Act and selection of fines concerning facts constituting an offense;

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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