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(영문) 의정부지방법원 2019.08.22 2019고정459
절도
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant leased the first vehicle for the vehicle to be registered 1.5 tons of the unregistered 1.5 tons to C (the vehicle number D: hereinafter “the instant vehicle”). However, due to the relationship between C and the unregistered vehicle, the obligee of the Korea Electric Power Corporation against C includes the instant vehicle for the corporeal movables seizure and E auction case requested by the Korea Electric Power Corporation, which is the obligee of the Korea Electric Power Corporation against C, and on September 5, 2018, the victim FF bill of indictment is stated as the victim of the instant crime. However, the instant vehicle owner at the time of the instant crime is F, and the correction of the victim would not have any substantial disadvantage to the Defendant’s exercise of the right of defense. Thus, this part of the facts charged is corrected ex officio.

After acquiring the ownership, G purchased the instant vehicle from the victim on September 16, 2018 and acquired the ownership by being transferred the vehicle.

Around that time, the Defendant knew of the sale of compulsory execution of the instant tea, and tried to recover it.

Accordingly, at around 16:40 on September 5, 2018, the Defendant: (a) caused the Defendant’s employee I to take the instant vehicle onto JM truck in Gangwon-do; and (b) stolen the instant vehicle in the amount equivalent to KRW 6,00,000, the appraised value of the victim’s possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Statement of the police officer to I;

1. G statements;

1. A copy of a sales contract for corporeal movables, the defendant and defense counsel in the protocol of provisional auction for corporeal movables, and the defendant and defense counsel asserts that the defendant and defense counsel have no intention to obtain unlawful acquisition, since the defendant and defense counsel in the instant case, knew that they were awarded a successful bid to a third party

However, the evidence duly adopted and examined by this Court is found as follows.

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