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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
At around 11:00 on May 31, 2013, the Defendant arbitrarily loaded 10,270 g of wood, including 10,270 g of 667,550 won at the victim’s market price, which was entered at the site, at the lower-class station of Gangwon-gun, the Defendant carried 10,270 g of wood to E4.5 tons.
In addition, from around that time to June 12:00 on June 11, 2013, the Defendant had 12 times the market price equivalent to KRW 10,724,240 of the victim’s market price, as shown in the attached list of crimes, and had 156,760km amounting to KRW 12 times.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. Statements made by the accused in part of the first trial records (that there is the fact that timber is loaded at the time and time and at the place of the market);
1. Legal statement of witness D;
1. Application of Acts and subordinate statutes to police statements made to F and G;
1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion regarding the claim of provisional payment order under Article 334 (1) of the Criminal Procedure Act is asserted that the crime of larceny is not constituted since he takes timber with the victim's approval. However, D is consistently stated from the investigative agency to the court that there is no fact that the defendant's timber was granted from the investigative agency to the court. Thus, the above argument is rejected.