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(영문) 대구지방법원 2019.01.17 2018고단4467
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

【The background of the case】 The Defendants are operating the waste recycling company jointly with the private villages.

On December 6, 2017, the victim C sold to F the mobile painting equipment of the second floor of the E plant and the smell removal equipment on the rooftop of the aforementioned factory (hereinafter “instant equipment”) for KRW 120 million,00,000,000,000, and around December 8, 2017, F sold the scrap metal and non-reinform wastes of the instant equipment to the Defendants for KRW 17 million.

However, around December 11, 2017, the victim and F determined that “the victim shall sell the instant facilities to F in the purchase price of KRW 100 million,” and F shall pay the victim a down payment of KRW 10 million on the same day, and the victim shall pay the remainder of KRW 90 million until December 20, 2017, and the victim shall deliver the instant facilities to F at the same time with the payment of the remainder.”

Accordingly, from December 11, 2017, Defendants removed three panels for electric blocking, two strings, four air conditioners, and eight air conditioners in the first floor of the E factory in their hands, and removed electric wires in a way of opening, cutting off, and cutting off electric wires on the strings of E factories, cutting off part of the two-story painting facilities and six of the panel for electric blockings. The Defendants removed all the rooftop facilities installed on the E factory rooftop using 25 tons strings, and removed a factory facility of approximately KRW 134.7 million in total market value.

Accordingly, around December 14, 2017, F made a phone call to Defendant A, stating that “I would not deliver the instant facilities. I would be able to remove scrap metal and non-refusable wastes after being delivered with the instant facilities.” On the same day, G, which managed the E plant, managed the E plant, also “I would not remove and remove machinery because the victim could not receive any balance from AF.”

first of all, the operation shall be obstructed.

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