(영문) 대전지방법원 2013.10.25 2013고정1084

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(영문) 대전지방법원 2013.10.25 2013고정1084

절도

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

Around 14:00 on February 13, 2013, the Defendant: (a) removed and stolen F equipment equivalent to KRW 2 million on the ground that the victim E did not pay the installment amount of the F equipment purchased by the victim E in four months from F Co., Ltd. for the four months; (b) on the ground that the victim E does not pay the installment amount of the F equipment in four months from F Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of statutes on contracts;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the victim consented at the time of removal of equipment.

The victim stated in the court that "not only would remove the vehicle," but did not speak "to remove the vehicle". The victim stated that ① the defendant removed the F equipment and reported to the 112 staff of the victim who wishes to load the vehicle to the police, so that the police was dispatched, ② the police recommended reconciliation and returned back to the police, and the defendant brought the two equipment that the defendant left for the vehicle, and ③ the victim immediately filed a complaint with the police on February 14, 2013, the following day of the case, and thus, the statement is credibility.

[Judgment of the court below] The defendant and the injured party stated that the defendant stated that "the injured party stated that "the injured party should bring about harm, bring about harm, or bring about harm" at the time of the dispute between the defendant and the injured party (the defendant also stated in the investigative agency that "the injured party would bring harm to the injured party"."

2) The Defendant’s assertion is without merit. Thus, the Defendant’s assertion is without merit.

2. The Defendant asserts that the crime of larceny is not established since the ownership of equipment is in F Co., Ltd. until the victim pays the installment amount in full.

The evidence stated in the judgment.

참조조문

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