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(영문) 부산지방법원 동부지원 2016.06.09 2016고정57
재물은닉
Text

The defendant shall be innocent.

Reasons

1. On March 24, 2015, while the Defendant was an employee of the D Service Center located in Suwon-gu, Busan, and the victim E, the owner of a golf vehicle, who had a dispute with the employees of the said Service Center due to the maintenance of the said vehicle, left home with the intent to resist the maintenance problem at the above Service Center at the entrance of the Service Center.

On March 24, 2015, at the above service center around 08:00, the Defendant discovered that the vehicle of the victim was parked on the front of the entrance of the center before the entrance of the center, and asked the victim to answer that the vehicle cannot be immediately moved, but moved the above vehicle into the maintenance lawsuit.

The Defendant continuously demanded the victim to pay KRW 60,00 and KRW 8,000 per day for the owner's vehicle and KRW 60,000 per day, and the victim arbitrarily moved the above vehicle to the rooftop parking lot in the maintenance lawsuit and kept it on the victim's own discretion, and did not comply with the victim's request for return of the vehicle, so the victim may not easily bring the above vehicle to the victim.

Accordingly, the defendant concealed the above vehicle of the victim.

2. The crime of damaging property under Article 366 of the Criminal Act is established when the crime of destroying or damaging property of another person is committed by destroying or concealing the property of another person or by any other means, and the term “ciding” here means making the owner or the right holder of the property impossible or difficult to detect the property.

In the instant case, according to the evidence duly adopted and examined by this Court, the Defendant is an employee of the D Service Center in Suwon-gu, Busan, and the victim E is an employee of the FFS golf vehicle. The Defendant and the victim are free repair of the said vehicle owned by the victim on March 2015.

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