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(영문) 창원지방법원 2017.08.10 2017고정76
절도
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who runs a scrap metal business in the name of “J” in Kimhae-si, Kim Jong-si.

On April 1, 2016, the Defendant: (a) at the open site of L factories located in K in Kimhae-si, the Defendant, without obtaining the consent of the victim M, stolen it by loading it into seven sn beam lines, three sn beam lines, three sn beam lines, circular steel pipe 34, three sn beams, etc., which were prepared in advance for the unsatisfy in the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M and N;

1. Statement made by the police against theO;

1. All documents related to damaged articles (including a draft form and current status of inventory of Praw Materials of a stock company);

1. Photographs of damaged articles and details of remittance [the defendant had no intention to larceny];

However, in light of the fact that the Defendant was aware of the fact that a sales contract for raw materials including the instant damaged goods was concluded between the victim M and N, and that the victim M was permitted to bring up only the scrap metal not exceeding 3 meters in length to the Defendant, the intent of larceny is recognized) and the application of the law.

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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