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(영문) 의정부지방법원 고양지원 2013.11.22 2013고정518
절도
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant purchased D forest land in the auction procedure at the time of Pakistan, and experienced difficulties in lending the said forest land as collateral due to the victim E’s claim for the construction payment of the said forest land as the preserved claim for the preservation bond, with the view to removing the pents and container stuffs installed on the above forest land, claiming the right of retention.

On April 14, 2012, around 05:50 on April 14, 2012, the Defendant removed gate appurtenances, such as shareholder pipes in an amount of KRW 110,979,50 in total and the market value, and one container stuff in an amount of KRW 300,00 in the market value, which are owned by the victim on the said forest and forest, to have him carry them onto G Poter trucks and keep them in a warehouse located in H when the f's mother's residence is the f's mother's residence.

Accordingly, the defendant concealed and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A copy of the report on lien and right;

1. Investigation report related to the market price;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act and the choice of fines concerning the facts constituting the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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