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(영문) 춘천지방법원 2019.05.21 2018고단760
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

The charge of special property damage shall be acquitted.

Reasons

Punishment of the crime

On July 25, 2017, the Defendant was sentenced to a suspended sentence of two years and a fine of three million won in August, 2018 by the Chuncheon District Court for the damage of property and interference with business, and the judgment became final and conclusive on September 28, 2018.

1. From April to May, 2014, the Defendant discovered that at least 50 meters of the market price of the victim C, the victim C was loaded in 92,00,000 won in front of the manager in Gangseo-gu, Yangyang-gun B, the Defendant instructed D to require D to the effect that “I would bring pipes in the manager who would have obtained permission from the victim, which would bring about a pipe in the manager (it would have installed at the entrance of the Defendant’s farm warehouse). I would like to require D to carry the said steel pipe onto the cargo vehicle.”

Accordingly, the defendant stolen the property owned by the victim by using D, who is unaware of the fact.

2. On August 5, 2010, the Defendant in breach of trust entered into a lease agreement with the victim on the Gangseo-gu Seoul Metropolitan Government E and F ground housing, and received KRW 100 million as the lease deposit, and the Defendant bears the obligation to refund the said deposit. On April 1, 2014, the Defendant provided the ginseng and its cultivation rights planted in the G field of no more than 4,000 square meters outside Gangseo-gu, Gangseo-gu, Suwon-gu, and the victim as a transfer for transfer to the victim for the purpose of repaying the above obligation. The Defendant agreed that the above ginseng and the ginseng field should be continuously cultivated (amended by Act No. 1000), and filed a report on ginseng cultivation in the name of the victim in order to publicly announce the above ginseng and the ginseng field. Since the victim left the above housing on or around November 2015, the duty was to faithfully cultivate and manage the ginseng and the ginseng field in order for the victim to achieve the purpose of the above security.

Nevertheless, on April 9, 2016, the Defendant sold all of the ginseng planted in the above ginseng field to Haman, for the purchase price of KRW 130,000,000,000, and issued all of the ginseng to Haman on October 9, 2017.

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