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(영문) 대전지방법원 홍성지원 2017.02.14 2015고단492 (1)
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B entered into a contract to sell 2.9 billion won to D, one of which is the owner of the above E in order to obtain a loan from D as security, and pay 1.7 billion won as down payment and intermediate payment, and the remaining amount was paid by D in the name of the owner of the above E in order to secure the payment of the balance.

Accordingly, while B and D entered into a comprehensive construction contract and construction contract for a corporation around February 2009 and entered into a new construction contract for the above E, the victim was entered in the bill of indictment for the victim F Co., Ltd., Ltd., a new construction of the above E, as D, but it is reasonable to view the victim as the victim, who is not an operator, as F Co., Ltd. purchased steel bars from G Co., Ltd.

I purchased 800 tons of steel bars to be used in new E-construction from G (Representative H) and loaded them at the same construction site.

After that, due to the management difficulties, the said new E-construction corporation was delayed due to the management difficulties, B, together with the Defendant who was in the management of the said construction site, intended to dispose of the iron remaining in the said new E-construction site.

1. B around June 2010, the Defendant directed the Defendant to sell and dispose of 10 tons of the steel bars equivalent to KRW 8,725,00,00, the market price of the victim’s possession, which was loaded at the construction site of the said new E, on the water at the construction site. Accordingly, the Defendant, at the construction site of the said day, brought the said steel bars into the J property of which the I was loaded on the truck, and then sold the said steel bars at the cost of the said J property business at KRW 4 million.

Accordingly, the defendant and B conspired stolen the victim's property in collusion.

2. B around October 2010, the Defendant instructed the Defendant to dispose of 20 tons of steel bars equivalent to KRW 17,450,000, the market value of the victim’s possession, which was loaded on the construction site at the above construction site, in the above manner. Accordingly, the Defendant is trucking the above steel bars at the construction site on the same day.

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