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Reasons
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(영문) 수원지방법원 성남지원 2012.02.16 2011고정1423
절도
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 31, 2010, the Defendant, as the representative director of C, entered into an agreement with the victim D on December 31, 2010, to conduct a business that sells enterprise data related to commercial registration using a business database (DB) building program developed by the Defendant, and to pay the Defendant with money in the name of the cost of building database, production cost, labor cost, performance rate, etc.

Afterwards, D transferred two parts of the company-owned database computer and one monitor, etc. from the Defendant, and operated the office in Seocho-gu Seoul Metropolitan Government E, there was a conflict over the settlement of expenses and employment of employees agreed between the Defendant and the Defendant. In the process, on February 5, 2011, the Defendant transferred the above two computers and one monitor to the house of friendly relationship.

Accordingly, the defendant taken things owned by C, which are the object of possession or right of the above D, and obstructed the exercise of the above D's rights.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. Police suspect interrogation protocol of the accused;

1. Each photograph;

1. Business registration certificate;

1. Full certificate of the registered matters;

1. An agreement for consultation;

1. Application of Acts and subordinate statutes of delegation agreement;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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

1. The summary of the charge of this case’s charge under Article 334(1) of the Criminal Procedure Act (not guilty) of the provisional payment order is that the Defendant, at the office of the Seoul Seocho-gu Seoul Seocho-gu Co., Ltd. on February 5, 201, had two computers and monitors owned by the victim C, and stolen them.

However, according to the records, the defendant is a stock company such as a computer, etc. where a business database building program (DB) developed by the defendant is installed between D and D around December 31, 2010.

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