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(영문) 인천지방법원 부천지원 2016.11.30 2016고단2444
절도
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 7, 2016, around 04:54, the Defendant stolen the Defendant’s oil at the D gas station located in Seocheon-si C, with one lock, which includes 520,000 won in cash, while the Victim E was oiling on the Defendant’s vehicle.

[Judgment on the argument of the defendant and his defense counsel] The defendant and his defense counsel asserted that although the defendant acquired the above wallets at the gas station, he left it to return it later, and then put it into the mail box as it is, there was no criminal intent of theft, and they did not contain the above money at the time.

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by this court: ① the victim appeared in this court and made a statement about the situation at the time; ① The victim was aware of the reason for the loss of the wall (the ground was laid down on the vehicle on which he was on the vehicle, but it was coming to the vehicle without any need to do so); the reason for conviction prior to the loss of the wall (the fact that most of the money was put to the gas station when he withdrawn KRW 580,000 per day and went to the gas station because he was not consumed except for small expenditure) the act after the wall was lost (the fact that he was going to the gas station, after examining the route, he was asked to the gas station staff at the time, and the CCTV was confirmed in the presence of the victim's behavior at the time of the loss; ② The defendant's statement on the seat of the CCTV at the time of the aforementioned change in the contents of the cash at the time of the loss; ② The defendant's behavior at the time of the above change in the location of the victim's behavior.

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