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(영문) 수원지방법원 2015.06.11 2015고정105
절도등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 19, 2014, the Defendant, around 12:00, entered the office through the above office entrance by taking advantage of the fact-finding time during which the victim C had no employees in the “Co. E” office located in the address population D when the victim C was the representative director.

Accordingly, the defendant invadeds on the building managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement concerning C;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is the relationship between the Defendant and the Victim C with the wife and the wife, and the victim C is the representative director of the “stock company E” located in G with the wife population in Young-si.

At around 12:00 on July 19, 2014, the Defendant: (a) stolen the Defendant’s possession of one of the LG XNE North Korea’s market price equivalent to KRW 1,029,000, located on the books of the said Company E’s office.

2. Determination

A. The expression "an intention of unlawful acquisition necessary for the establishment of larceny" means an intention to use or dispose of another person's property in accordance with its economic usage, such as his own property, while excluding the right holder, and it is not necessary to permanently hold the economic interest of the property, but the mere infringement of possession alone cannot constitute larceny, i.e., the intention to acquire the property, or to obtain only the value of the property, i.e., the intention to acquire the property from the property, or to obtain only the value of the property.

(See Supreme Court Decision 91Do3149 delivered on September 8, 1992, etc.). B.

In light of the above legal principles, the Defendant is the victim C’s speech and behavior consistently from the police to this court.

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