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대전지방법원 홍성지원 2015.11.04 2015고단848

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six 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 was employed as an employee at the D cafeteria operated by the victim C in Boan City B.

1. At night, the Defendant had the key to the entrance at the time of serving as an employee in the said D cafeteria, leading the Defendant to steals money and valuables by entering the said D cafeteria at night in order to prepare for amusement expenses, etc.

On July 28, 2015, the Defendant: (a) opened an entrance by using the keys of the entrance possessed in the said D cafeteria; and (b) invaded into the entrance; and (c) carried out a cash of KRW 1,100,000,000 in cash owned by the victim C and one sealed by the victim E, who was on the books.

2. On July 28, 2015, around 09:15, the Defendant obtained KRW 10,040,000,00 in total three times from around that time to July 14:00 in the same manner, and acquired the money in total, and acquired KRW 1,04,00,00,000, in total, over three times, as in the list of crimes in the attached list of crimes in the same manner, from among the time when the Defendant presented the money check in the name of the Agricultural Cooperative (Account Number G) in the name of the said F, which stolen, together with the seal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A list of transactions of self-reliance deposits;

1. Application of the Act and subordinate statutes requesting cooperation in investigation and access to data;

1. Relevant Articles of the Criminal Act concerning facts constituting a crime and the election of a punishment at night, night, building, thief: Fraud under Article 330 of the Criminal Act: Article 347 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. The reason for sentencing (the legally applicable sentencing range) under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is 1 to 15 years.