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(영문) 창원지방법원 밀양지원 2019.09.05 2018고단348
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was working for the Victim C (Representative D) Co., Ltd (Representative Director D) located in Busan Island from May 1, 2016 to May 8, 2017.

Around December 15, 2010, the victim company transferred the ownership of the digging machines E (hereinafter “the instant digging machines”) from the above D and transferred the instant digging machines under the name of the victim company. On or around December 15, 2010, the instant digging machines were transferred under the name of C. On or around December 15, 2010, the instant digging machines were transferred under the name of C. On or around the instant digging machines, they were used to attach oil pressure cuttings, oil pressure concrete crushings, oil voltages, steel voltages, bricks, joints (hereinafter “instant accessories”).

On May 18, 2016, the Defendant accepted the above D’s request that “The amount of the loan is not high due to the lack of financial standing of the victim company. It was transferred to the bank in the name of the refrative season of this case, and then received the loan as security and changed the loan.” On the same day, the Defendant received the registration of transfer of the refrative season in the name of the Defendant pursuant to the above title trust agreement between the victim company and the company.

On July 30, 2017, the Defendant: (a) around 11:00, at G Co., Ltd., Ltd., located in the Namyang-si F, G, the victim company kept the land and carried out the excavation of this case in an amount of KRW 58 million at the market price, and the parts and accessories of this case through an article of trhetor.

Accordingly, the defendant stolen the property of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D, each of the witness H and I's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement concerning D;

1. Details of investigation reports (Submission of suspect's details of transactions) and account transactions;

1. A construction machinery registration certificate, construction machinery register, and a statement of transaction records;

1. The defendant and his defense counsel to the certificate of transfer of construction machinery of this case as stated in the facts charged by the defendant, and this case.

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