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(영문) 전주지방법원 2013.04.25 2012고단3068
특수절도
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Criminal facts

On November 208, 2008, while serving as an employee at the factory of the Victim F Co., Ltd. F (hereinafter “victim”) operated by the Defendant, the Defendants decided to prepare a factory site upon request from G, which was a shareholder of the victimized Company, and continue to work for the victimized Company, while the Defendants were working in the factory of the Victim F Co., Ltd. (hereinafter “victim”) operated by the Defendant, E, a business owner, was not contacted due to a debt problem.

At around 20:30 on December 2, 2008, Defendants entered a factory of the above victim company, through a non-Correctioned factory door, and stolen the 43,450,000 won of the market price of the damaged company, which was owned by the victimized company, in advance, one set of 1 set of 1 set of 43,450,00 square meters of the market price of the damaged company, and 6,611,000 won of the market price, and one set of 1 ton of the passenger car and one set of cargo.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and G;

1. Records and lists of police seizure;

1. Response to the report after a complaint, patent certificate, certified transcript of register of a corporation, and singishing fire, F-owned equipment photograph, and response to the registered patent infringement warning;

1. Application of Acts and subordinate statutes to photographs of seizure sites;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the Defendants among the reasons for sentencing) is that the Defendants made the confession of each of the instant offenses and reflects the truth in depth, without resolving the loan obligations of the victimized company, E, the actual manager of the victimized company, the payment of wages and retirement allowances to employees, a large amount of investment, and the recovery of damage to G, a shareholder who borrowed a large amount of business funds.

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