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(영문) 부산지방법원 2016.06.16 2015고정4791
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 17, 2014, the Defendant: (a) entered the office of the D market conference located in the Young-gu Busan Metropolitan City, Young-do, and stolen it with one copy of the post office passbook (Account Number E), cash card, management fee, and account book of the amount of tax receivable, which was owned by the victim D market conference located in the office of the D market conference located in the area.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness G;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the corporate head of the Tong and cash card recorded in the facts charged correspond to the defendant who is in charge of accounting affairs as the chief secretary in order to conduct the business affairs of the prosperity of this case, and the management expenses and the account books of outstanding amounts were put in the office and kept by the defendant in order to conduct the business affairs like the usual office.

2. Determination:

A. However, according to the evidence adopted earlier, the following circumstances are revealed.

1) On March 17, 2014, the witness F consistently stated from the investigative agency to the present court that the Defendant did not issue a corporate passbook and cash card to the Defendant prior to the opening of the instant annual meeting. The Defendant is a person who, at around 17:00 after the closing of the general meeting of the shareholders on March 17, 2014, brought to the Defendant without the consent of the Chairperson (the 118th page of the investigation record). Meanwhile, the witness F was held from the investigative agency to March 17, 2014 at the general meeting of shareholders, not from the Chairperson at the time, but from the Defendant’s own discretion, the Defendant did not receive a notice of convening the general meeting, and at the time, F was present at the above general meeting and declared that the general meeting is null and void.

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