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(영문) 대전지방법원 2014.09.17 2013고정2055
절도
Text

The defendant shall be innocent.

Reasons

1. Around 18:30 on February 27, 2013, the Defendant, on the ground that the victim’s investment was not repaid in the company E operated by the Jung-gu Daejeon District C victim D, the Defendant, at his/her own discretion, stolen by arbitrarily shipping out 2 vehicles, 2 vehicles, 3 vehicles, 1 vehicles, 1 vehicles, 1 vehicles, 1 vehicles, 4 vehicles, air conditioners, 4 vehicles, 2 vehicles, 2 vehicles, 2 vehicles, 1 vehicles, and 1 vehicles, etc., which are in custody in the factory, on the ground that the victim’s investment was not repaid.

2. The Defendant acknowledged that part of the items in the facts charged was sold to F and disposed of at least KRW 10 million on the date and time of the above facts charged, but asserts to the effect that D merely disposes of the goods in the factory due to its failure to abide by the promise to repay the investment amount and disposed of them for the repayment of the investment amount, and thus, it does not constitute a crime.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, i.e., the Defendant agreed to invest D, which was hospitalized in the same hospital, in “E” as of November 7, 201; the Defendant paid KRW 37,960,000 at the first time, and from December 201, the Defendant was lodging in the above factory and washing the products, etc.; ② around April 2012, D made the agricultural bank account in the name of the Defendant, and thereafter made all transactions related to E as of May 201. Since around May 2012, the Defendant delegated the authority to sell the goods after arranging inventory status to the Defendant; and then, around June 7, 2012, the Defendant agreed to pay the investment amount of KRW 37,960,00 by the end of August 7, 2012 (38,000,000 and KRW 70,700).

“A letter of payment shall be drawn up and drawn up, and ③ If the Defendant sells things after the opening of the passbook, then the Defendant sells money, part of the staff G wages or the electricity charges in arrears.

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