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(영문) 서울남부지방법원 2018.11.16 2018고단2728
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

The Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court on July 15, 2014 and the said judgment became final and conclusive on January 15, 2015, and completed the execution of the said punishment at the Seoul Detention Center on March 26, 2015.

On May 22, 2017, the Defendant imported the victim Eul from the victim Eul on May 2, 2017, and received a request from the victim Eul to find out the place of sales of the invitation that had been kept in the D Boan warehouse located in Nam-gu Busan Metropolitan City, and had the mind to dispose of the victim's portraits in the above warehouse that the victim and the defendant knew that they are in the same business relationship.

Around June 14, 2017, the Defendant: (a) transported the Victim’s H office located in the Dongdaemun-gu Seoul Metropolitan Government F Building G to “I”; (b) arbitrarily, and (c) arbitrarily, from the date of the foregoing day to August 23, 2017, KRW 33,954,90,00 in total, KRW 7,434km of the market price of the victim’s 37,800, which was kept in the said warehouse; and (d) arbitrarily, disposed of the victim’s 21kg at the E level equivalent to KRW 31,50,00 in the market price of the Plaintiff’s 37,80,00,000, at the H office located in the said warehouse; and (e) disposed of the victim’s 21k from the date of the foregoing day to August 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witnesses by the prosecution concerning B;

1. Details of delivery of A president;

1. Documents related to customs clearance, such as a import declaration, invoice, business registration certificate, and business registration certificate;

1. Investigation report ( telephone communications with respect to J company);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the facts of suspect A repeated crimes and attachment of the same criminal records), personal confinement status, and application of Acts and subordinate statutes concerning repeated crimes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant partly restored the reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and the defendant's seal who was kept in custody without the victim's sale.

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