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(영문) 서울남부지방법원 2015.05.19 2014고단4067
절도
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From November 23, 2012, the Defendant, from around November 23, 2012, invested the D Building 410 of Yeongdeungpo-gu Seoul Metropolitan Government and the victim E to operate the dental laboratory in the form of a Dong business, and registered the victim as the representative director, and the trade name as “(P)F,” respectively, and operated the dental laboratory with the victim. On April 8, 2014, the Defendant unilaterally dismissed the victim from the representative director and moved the head office of the corporation to the office located in Seongbuk-gu Seoul Metropolitan Government G.

1. On April 8, 2014, the Defendant entered the foregoing dental laboratory office located above 22:20 on April 8, 2014, and used the gaps that employees did not leave, thereby thefted with nine straws, which are dental articles with which the market price cannot be known, while jointly owned with the victim.

2. On April 19, 2014, the Defendant entered the place specified in the preceding port, and stolen the Defendant with one slickner in the market price of KRW 13.5 million, which was kept in custody by entering into a lease contract with the victim with a slick, Suhyup, BS Capital, etc. using the slicks that employees are not leaving, and paying the lease fees. The Defendant stolen the Defendant with one slickner in the amount equivalent to KRW 13.5 million in the market price of KRW 13.5 million in total, and 19 million in the market price of KRW 2.7 million in total.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Statements made by witnesses E and H in the second protocol of the trial;

1. Examination protocol of the accused by the prosecution (including the E and H statements);

1. Statement to E by the police;

1. Application of statutes on on-site c-t data screen pictures, such as certificate of registered matters, certificate of establishment of a dental laboratory, lease contract, business registration certificate, articles of incorporation, loan agreement, etc.;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 provides that a provisional payment order shall be issued.

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