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(영문) 수원지방법원 2013.11.07 2013고정1571
절도
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is as follows: “The Defendant: (a) was an investor of the CB club; and (b) the victim D was an employee of the CB club; and (c) the Defendant was unable to receive the money invested in the EW club; and (b) on January 26, 2013, at the front of the CB club located in CB club E in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, the Defendant arbitrarily stolen the amount of KRW 10 million at the market price of the victim’s ownership; and (c) the amount of KRW 10 million at the discretion.”

2. There is a fact that the Defendant and his defense counsel’s assertion moved two vehicles for booms in the name of D (hereinafter “instant vehicles”) from the front of the c clubs to the parking lot of CB clubs at the time indicated in the facts charged.

However, the instant vehicles only carried out only the ownership of the instant vehicle under the name of D, who is a CB club employee, but actually carried on the operation of the Defendant and CB club.

However, the Defendant and H agreed to keep seven vehicles including the two vehicles of this case and the remaining alcoholic beverages until the settlement of money is completed, as they are not well-known in the course of the funeral of the age club.

Since the above arrangement, the parking fees of the instant vehicles were changed at the front parking lot of the CB club, and the Defendant moved the instant vehicles to the CB club parking lot, which he had decided to keep in order to pay parking fees.

Ultimately, the Defendant, who is the owner of the instant vehicle, has moved the object that was provided as security from H, and thus, is not subject to larceny.

3. According to the evidence duly adopted and examined by this Court, the Defendant and H were the partners of the CBA club, and H paid all the expenses necessary for the operation of the CBA to the I who is the manager of the CBA club. Meanwhile, I was the Poter vehicle to be used for publicity purposes to D, who decided to be the chief of the CBA club.

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