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(영문) 춘천지방법원 2018.06.05 2017고정383
절도
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who distributes agricultural products.

On October 11, 2016, the Defendant stolen a 17,440km amounting to KRW 8,720,000 at the market price without the victim’s permission, using the gap in the dry field of the victim D, which is located in Hongcheon-gun, Hongcheon-gun, Seoul, without any person managing the dry field.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of the suspect against the accused (including a cross-examination);

1. Statement made by the police against D or E;

1. The defendant asserts that he/she saw that he/she felled into the victim's horses to the effect that he/she would work in dry field and bring about free of charge.

Comprehensively taking account of the following circumstances acknowledged by the above evidence, the Defendant was aware that the Defendant did not have any negligence or without the victim’s understanding;

As such, theft is established against the defendant.

Therefore, we cannot accept the defendant's above assertion.

① The victim consistently made a statement to the effect that “the Defendant’s phone calls asking for free purchase should be reported on the spot to determine whether to purchase the site, and later, he became aware of the fact that there was no contact between the Defendant and another person in the course of attempting to sell the goods without contact.”

(2) The defendant was aware that he/she would bring without compensation.

There is a change.

However, the Defendant could have known that the Defendant had made a telephone call to the victim for fraud (Evidence Nos. 25). Moreover, the Defendant, after taking a secret back, was able to say that the Defendant would compensate for the damage by deeming the damage as being incurred by the Defendant in the previous drilling transaction, by taking the victim’s resistance and demanding the payment from the injured party.

This was not mentioned at all at the time of telephone for non-transaction.

(3) Both the accused and the victim shall engage in agricultural product distribution business.

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