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(영문) 인천지방법원 2018.05.17 2018고정287

절도등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal records] On January 11, 2018, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Western District Court and two years of suspended execution, and the judgment became final and conclusive on January 19, 2018.

[Criminal facts] The Defendant is a C private teaching institute instructor, who retired from one’s own driving school on February 28, 2017, and the victim D (53) is the same private teaching institute operator.

1. Around 12:53 on March 1, 2017, the Defendant infringed on a structure at C private teaching institute operated by a person who is located in Yeonsu-gu Incheon, Yeonsu-gu E 6th floor, and then steals his/her entrance and electronic key number prior to being known, thereby infringing on the victim’s private teaching institute.

2. On March 1, 2017, the Defendant stolen the victim’s property by citing the original document of a private teaching institute submitted to the side of the private teaching institute to the private teaching institute, from August 26, 2016 to February 24, 2017, after stating the time of lectures, subjects, and reflections, the details of lectures, the attendings and grouts of the students, the attendings and grouts of the students, the attendings and grouts of the instructors, the special features, etc. in the document form created and provided by the private teaching institute, at the same time as above, in which the victim’s office was on the books of the victim’s room (a total amount of Chapter A431 with a content from August 26, 2016 to February 24, 2017).

Summary of Evidence

1. Partial statement of the defendant (the second public trial date);

1. Statement made by the police with regard to D;

1. Photographss, places of lectures, and photographs of the place of occurrence of a contract for the entrustment of a river, business registration certificate, CCTV image closure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (the occupation of a structure intrusion), Article 329 of the Criminal Act, and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;