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(영문) 서울동부지방법원 2019.06.11 2019고정150
재물은닉
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

On November 2, 2018, the Defendant removed and concealed one business registration certificate, one copy of the establishment registration certificate, one copy of the establishment registration certificate, one copy of the certificate of licensed real estate agent qualification association, and one copy of the certificate of licensed real estate agent qualification association in order to prevent the Defendant from doing business in the “C real estate” office where the Defendant works as a real estate intermediary agent for real estate transaction, and the victim D, a licensed real estate agent for real estate agent, at that office, where the Defendant works as a real estate broker for real estate transaction, and to file a report on business closure.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the police as to D (the defendant is merely keeping the certificate of qualification, etc. in the state and did not infringe on the utility thereof. The crime of causing property damage is established in a case where the utility of the special media records, such as another person’s property, document, or electronic records, has been damaged by destroying or concealing them (Article 366 of the Criminal Act). Here, the crime of causing property damage includes not only cases where goods, etc. cannot be used for their original purpose but also cases where goods, etc. cannot be used for their original purpose by temporarily destroying or concealing them (see, e.g., Supreme Court Decision 2016Do9219, Nov. 25, 2016). In this case, the defendant removed the office wall of a licensed real estate agent as indicated in the judgment and stored them in a separate place as stated in the judgment, thereby making the victim unable to find the goods, thereby impairing the utility value thereof, the defendant’s assertion is not accepted.)

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

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

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