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Reasons
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(영문) 수원지방법원 2015.05.13 2015고단1042
절도
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant ordered the transfer of scrap metal in the above corporation E to a person who has experience in selling scrap metal with E factories in the e-factory, and ordered the transfer of scrap metal in the above corporation E to F, G, etc., who was engaged in ordinary transactions, as if they were permitted by the victim to dispose of the scrap metal normally from the victim.

1. On January 24, 2015, around 06:30, the Defendant: (a) committed a theft by having H and I, the Defendant, despite having not obtained permission from the victim, to bring the scrap metal into the E factory; and (b) having H and I, the Defendant, who was aware of the fact, loaded the scrap metal of approximately three million won at the market price accumulated in the relevant place, onto the J and loaded the scrap metal.

2. On February 25, 2015, around 05:30 on February 25, 2015, the Defendant: (a) even though there was no permission from the victim to bring the scrap metal into the E factory; (b) but was unaware of such fact, G and K used to load the scrap metal of KRW 2 million at the market price accumulated in that place, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on police statements by F, H, G, K, M and N;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 329, 34 (1) and 31 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act for the sentencing of Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations] / [the scope of recommendations] / Type 1 of the thief for general property, types 1 (the thief for the thief for the thief for the thief for the thief] and 2 of the Special Mitigation Area (the scope of recommendations] / the thief for the thief for the thief for the thief for the general property / [the scope of recommendations] / the thief for the thief for the thief for the thief for the special mitigation area

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