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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
Although the defendant operates D in Daegu Northern-gu C, the defendant is a non-member of the E market merchant's association, and the victim F is the chairperson of the said merchant's association.
On May 29, 2016, the Defendant, at the office of the E-market merchant association located in the Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, requested the victim F to display the books of account at the merchants' association, along with H, who is a member of the above merchants' association, and the damaged person cited the said books of account without the consent of the two victims in order to show the books of account at the merchants' association.
Summary of Evidence
1. Statement made by the witness F in the second public trial record;
1. The authenticity-a list of merchants, a certificate of registration of merchants' associations, a list of merchants' associations, and articles of association;
1. Each internal investigation report (No. 8,9) (Evidence List No. 8, 9) [Defendant and defense counsel has the right to see the above books and take the above books with the consent of the victim.
It asserts that “........”
However, the Defendant appears to be not a member of the above merchants' association but to have no right to peruse the above book, and ② the witness H and I explicitly consented when the Defendant brought the above book.
However, it is difficult to believe it as it is, ③ the auditor of the said merchant’s association reported the instant case to the police on May 30, 2016, the Defendant did not return the said books to the victim, ④ the Defendant was not a member of the merchant’s association at the time.
In light of the fact that I has opened the above books, it can be sufficiently recognized that the defendant has stolen the above books.
Therefore, the above assertion by the defendant and his defense counsel is without merit.
Application of Statutes
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. Penalty of one million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant has no record of crimes other than one fine before and after a fine is imposed on him), and the defendant commits the instant crime.