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(영문) 전주지방법원 군산지원 2013.06.19 2013고정11
절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From February 7, 2012 to December 12, 2012, the Defendant: (a) caused the head of the E company site office, F, etc. in the D Heavy Industries Production and Management Team for D Heavy Industries Production and Management Team for three times by taking advantage of the gaps in which surveillance of victims G (32 years of age) on behalf of victims of D Heavy Industries Production and Management Team was neglected; and (b) caused the Defendant by taking away the paint amounting to KRW 5,468,00 of the market price on the vehicle (the 10th of Simma, the 38th of Simma, the 14th of Simma).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes to each accompanying document, request for cooperation in investigation, report on internal investigation (the counter investigation of the I company J), and report on investigation (the counter investigation of the K and additional telephone communications of the J of the I company);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and the defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that there was a customary practice that the defendant would use the paint without prior notification while doing construction with the subordinate office from D Heavy Industries, and that there was no intention of illegal acquisition since the defendant used the paint to the construction executed by the parent company of D Heavy Industries.

In this court, the victim G stated in this court that "the paint in the D Heavy Industries Factory cannot be shipped out without its approval, and always issued a certificate of withdrawal," and the F, the site manager of the E company, also stated in the investigative agency that "the Republic of Korea is appropriate to take out the paint with the permission of G, etc. belonging to the D Heavy Industries." The L company site manager H made a written confirmation at the investigative agency, stating that "the defendant should change the price of the paint."

It means that the page used by the defendant at the time of M&A is borrowed from D Heavy Industries.

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