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(영문) 춘천지방법원 강릉지원 2016.06.09 2016고정31
절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 19, 2015, the Defendant: (a) committed theft with nine (9) books of account at the market price, which the victim E (V) left in the Trackter for the management of the customer’s trade, within the stores of “D” located in Sejong-gun, Gangwon-do, Gangwon-do; (b) around 14:00 on October 19, 2015.

2. On October 19, 2015, the Defendant: (a) at the freezing warehouse of “G” located in Gangnam-si F on 18:00 on 19, 2015; (b) and (c) laid down the back H, which was a backline, with the key of this Ordinance attached to the Defendant.

The first is 2 hours.

3. On October 22, 2015, the Defendant: (a) opened the entrance door of H Raber to bring 500 won in the victim’s possession price at KRW 315,00; (b) cut off 15,000 of the victim’s possession price in the main freezing warehouse; (c) laid down the key repair hole from the freezing warehouse at KRW 15:00 on October 22, 2015; (d) laid down the key repair hole to the Raber; and (e) laid down the key repair hole at the victim’s market price at KRW 1,095,00 in the freezing warehouse; and (e) 10 boxes, 100 boxes in total in the victim’s possession price at KRW 1,095,00 in the freezing warehouse. The summary of the evidence was stolen.

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A second-time suspect examination protocol against the accused;

1. Statement made by the police with H;

1. A written statement of I;

1. Seizure records;

1. Relevant photographs (free storage, etc.);

1. The defendant asserts that he did not intend to acquire unlawful profits since he did not intend to engage in the business of selling fishery products under the trade name of "D" while living together with the victim, and brought the fishery products recorded in facts constituting a crime to a freezing warehouse to deliver them to the customer.

However, the following circumstances revealed by the evidence of the judgment, i.e., ① the defendant's act of selling fishery products together with the victim's living together, but all of the victims have prepared and operated funds or facilities necessary for the business. At least inside, the victim has led the business, and the defendant has been also engaged in the business of purchasing goods or business of the victim

It is reasonable to see the two. ② On October 3, 2015, the defendant started from the house in which he/she was living together with the victim.

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