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(영문) 인천지방법원 부천지원 2016.02.29 2015고단2761
절도등
Text

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

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 15, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution in the Incheon District Court, and the judgment became final and conclusive on May 15, 2015.

【Criminal facts】 The Defendant was in office as the representative director of the Victim D Co., Ltd. (hereinafter “Defendant”) and retired from office as of April 28, 2015.

While the defendant was in office as the representative director of the above company, there was a refund of KRW 8.6 million due to dismissal of the rehabilitation procedure requested by the above company, but was a joint representative director.

F did not pay this to the Defendant, and when the F invested the 6th floor office of the Bupyeong-gu Seoul Metropolitan City G Building G building, the former location of the Co., Ltd. D, but did not recover it, the auction on the above office was successful, the F was successful, with the intention of thefting the tent heating apparatus, which was the victim's possession in the above office.

On May 25, 2015, around 15:30 on the 15:5.25.15.15.30, the Defendant removed locking devices through fingerprints registered at the time when the Defendant was in office as the representative director and intruded into the D office located on the 6th floor of Bupyeong-gu Seoul Special Metropolitan City G building, and then removed locking devices through fingerprints registered at the time when he was in office as the representative director, the Defendant mobilized the figures and dismantled the tent heating system in an amount equivalent to 16.5 million won at the purchase price,

Accordingly, the Defendant intruded into the room managed by the victimized person, and stolen the property owned by the injured person.

Summary of Evidence

1. The defendant's statement in court (the fifth public trial date led to the confession of the crime);

1. Legal statement of witness F;

1. All certificates of registered matters, and field photographs;

1. Previous convictions: Inquiry into criminal history and the application of Acts and subordinate statutes of a report on criminal investigation (Attachment to judgment of stay of execution);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), Article 319 of the Criminal Act (a point of intrusion by room), and the choice of fines, respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

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