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(영문) 대전지방법원 홍성지원 2016.05.17 2015고단492
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

When the Defendant entered into a contract to sell D and 16 parcels to E for KRW 2.9 billion, the Defendant agreed to obtain a loan from the above land as collateral and pay KRW 1.7 billion as down payment and intermediate payment, and the remainder amount was paid by E as collateral after it newly constructed a F on the above land, and receive a loan as collateral, and pay it as collateral, and as the owner of the above F in order to secure the payment of the balance.

Accordingly, the Defendant and E entered the victim’s bill of indictment in the written indictment for victim H, Inc., Ltd., the Defendant and E, upon entering into a contract for construction work with G Co., Ltd. on February 2, 2009, and newly constructing the above F, indicated the victim as E, but it is reasonable to view the victim as the victim, who is not an operator, as H, purchased the iron bars from I Co.

I purchased 800 tons of steel bars to be used in F new construction works from Company I (RepresentativeJ) and loaded them at the same construction site.

After that, the F new construction corporation G was delayed due to the management shortage, and the defendant was at the time managing the above construction site.

At the same time with K, we had the mind to dispose of the iron bars remaining at the construction site of the said F.

1. On June 2010, the Defendant directed K to dispose of 10 tons of the steel bars worth KRW 8,725,000, the victim-owned market value, which was loaded at the construction site of the said F, on the water at the construction site. Accordingly, K on the same day, at the construction site, took the said steel bars into a truck M property L with the truck, thereby selling the said steel bars at the cost of KRW 4 million to N, the owner of the above M property business.

Accordingly, the defendant stolen the victim's property in collusion with K.

2. On October 2010, the Defendant instructed K to dispose of 20 tons of the steel bars equivalent to KRW 17,450,000, the market value of the victim, which was loaded on the construction site at the above site, in the above manner. Accordingly, K, on the same day, worked on the truck at the above construction site.

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