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(영문) 인천지방법원 2020.01.08 2019고단4066
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 the actual operator of the Bank B and the Bank of Bankruptcy C.

The defendant was supplied with the dump truck that is operated in the Fump truck B, which is owned and managed by the victim E in the Dong-gu Incheon Metropolitan City. On September 2018, the Dispute Resolution Co., Ltd was in the process of preparation after the decision to discontinue the business. From the latter part of the year of 2018, the defendant did not have the ability or intent to pay the outstanding amount normally even if he continued to receive the refund from the victim, even though he did not have the ability to pay the outstanding amount because he did not pay the unpaid amount due to the financial pressure from the second part of 2018.

Nevertheless, around 11:00 on September 2, 2018, the Defendant: (a) by deceiving the victim by means of conducting as if he would normally pay the amount of oil paid to the victim; and (b) from around that time to September 14, 2018, the Defendant was provided with KRW 5,150 liter equivalent to the market price of KRW 5,871,00,000 from the victim; and (c) from around that time, until around September 14, 2018, the Defendant stated that the indictment amounting to approximately KRW 68,90,00 of the market price of approximately KRW 74,90, such as the subject of acquiring the property of this case, was stated as “a total of approximately KRW 85,386,00,00” on the market price of approximately KRW 68,90,00, which is the subject of acquiring the property of this case. Accordingly, the Defendant asserts that the Defendant is “a approximately KRW

The defendant had a continuous transaction relationship with the victim, and the price of the light oil has continuously changed by time. In full view of the evidence submitted by the prosecutor and the unit price prescribed in the related civil procedure, the settlement method between the defendant and the victim, etc., it is reasonable to view the market price of about 74,900 liter as equivalent to approximately 68,908,000 won (74,900 liter x 920 won/ liter) and the correction does not affect the defendant's right of defense even if it is corrected. Thus, the correction is made as above.

B was supplied with 74,900 liters and acquired them by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. E. of the witness;

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