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(영문) 서울중앙지방법원 2019.02.18 2018고단7977

절도등

Text

A defendant shall be punished by imprisonment for not less than one year and 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 working as the director of the management planning division of the damage company B, who was the victim company, and the investors of the damage company have raised a complaint against the representative director in fraud and stolen the cremeras, corporate card, etc. of the damage company that the representative director runs away normally and used as living expenses, entertainment funds, gambling funds, etc.

1. On August 29, 2018, the Defendant: (a) around 00:23, the Defendant: (b) opened an open door at the office of management support for the victimized company in the sixth floor in Seocho-gu Seoul, Seocho-gu, Seoul; (c) opened and intruded into the door; (d) opened up approximately KRW 4.5 million of the market price of the victimized company owned by the victimized company on the book; and (d) cut off and stolen parts, such as a camera, flash, filling machine, etc., in two shopping bags.

2. A thief: (a) around August 2018, the Defendant entered the representative director office of the victimized company and stolen the thief’s 5 physical card linked to the D Bank Account (E) under the name of the victimized company in the face of his/her book.

3. Around August 26, 2018, the Defendant purchased goods of an amount equivalent to 1,000 won from the G convenience store operated by the victim with no knowledge of the name located in the Seocho-gu Seoul Metropolitan Government on August 26, 2018, and suggested the victim as if he/she had completed the stolen crow card, such as the purchase price of KRW 1,00, and acquired a pecuniary profit equivalent to the said amount by settling the purchase price of KRW 1,00 from around that time to September 28, 2018, as shown in the attached list of crimes, and used the stolen crow card by paying the purchase price of KRW 87,81,370 over 57 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, I, and J (including accompanying documents);

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report (including accompanying documents);

1. Criminal facts;