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(영문) 춘천지방법원 2018.02.13 2017고단195
절도
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 3, 2016, around 20:27, the Defendant: (a) laid down a key in the Choyang-gu building C office in Gyeyang-gu, Incheon Metropolitan City; (b) opened a credit cooperative owned by the victim D limited liability company; and (c) took possession of, and stolen the victim’s unclaimed forest 7 pages, company documents, and seals on the market price held by the victim; and (d) the Defendant stolen the Defendant’s unclaimed forest 7 pages, land, company documents, and seals on the market price held by the victim E.

The indictment was filed but the indictment was subsequently revised to the effect that the owner of the above goods is the victim D limited company and the indictment was added alternatively, and the indictment was recognized as guilty for the additional charges as stated in the facts constituting the crime in the judgment (Provided, That although the defendant was found to have stolen the documents on the ground, it is not sufficient to recognize that the evidence submitted by the prosecutor, such as the statement of E, etc., alone, was stolen by the documents on the ground, and there is no other evidence to acknowledge it) is the owner of the above goods E.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Application of Acts and subordinate statutes to business registration certificates, investigation reports (Presentation of A photographic Data), and investigation reports (Presentation of E Data) to companies;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the defendant is the representative director of the victim company, and the representative director brings goods owned by the company, such as documents of the company, cannot be deemed to have stolen the above goods with the intent of unlawful acquisition.

2. The following circumstances acknowledged by the evidence as seen earlier, namely, the instant case.

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