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(영문) 인천지방법원 부천지원 2016.06.10 2016고단424
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 10, 2015, the Defendant was sentenced to one year of suspension of execution in August, 2015 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court's Branch Branch. The judgment became final and conclusive on April 18, 2015.

On January 6, 2006, the Defendant entered into a partnership agreement with C and D to divide profits accrued while selling petroleum into 50:50 according to the amount of investment according to the name of “E gas station” in Seoul Special Metropolitan City, Nowon-gu. On or around September 21, 201, the Defendant and C jointly operated the gas station so far, but in the future, the Defendant and C jointly operated the gas station, but have contributed to the overall management from the time of establishment to the date of notification by C, and the settlement meeting for profits, losses, etc. shall be held once a month on the date of notification by C designated and notified.

approximates

2. Between the following six months (from September 201, to February 2012), a written undertaking to perform the obligation that the payment of benefits is to be made and thereafter the payment of benefits must not be made in order to repay the obligations to C.

Since then on April 2, 2013, the defendant expressed his/her intention to withdraw from the partnership and terminated the partnership, but the dispute related to the settlement of accounts, the sale of the gas station site, and the sale of the building continued.

1. Larceny;

A. On April 24, 2012, the Defendant: (a) on April 24, 2012, deposited the cash of the victim’s association owned by the victim’s association while keeping the cash of the gas station in the aforementioned E (hereinafter “victim’s association”); and (b) paid KRW 3 million.

In addition, from around April 30, 2012 to around April 30, 2012, 10,224,000 won was stolen as shown in [Attachment Table 1-4].

B. On April 2, 2013, the Defendant: (a) upon the termination of a partnership relationship by declaring his/her intention to withdraw from the partnership; and (b) on June 30, 2014, the Defendant’s cash custody of the victim C owned by the victim C,857,60 won.

In addition, from September 2, 2014 to September 2, 2014, the total amount of KRW 3,952,60 was stolen, as shown in [Attachment Table 5-7] No. 5-7.

2. Interference with business affairs, April 2, 2014;

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