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(영문) 서울남부지방법원 2014.01.15 2013고단4070

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013 Highest 4070] The Defendant is a broadcasting auxiliary contributor who belongs to D, a controlled entity that is a broadcasting assistant (one name, X-ray) operated by the victim C.

1. On July 2012, 2012, at around 12:00 as of July 7, 2012, the Defendant stolen the Defendant’s cash amounting to KRW 7:60,00,00 in the above “D” office located on the first underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, by taking off the Defendant’s cash amounting to KRW 7:60,000,000 owned by the Defendant, which was located in the bank by using the cresh in the cresh.

2. On November 4, 2013, at around 19:05 on November 4, 2013, the Defendant: (a) committed theft with a bag containing KRW 5.4 million per month salary on the sofacion in the above “D” office; and (b) committed theft by taking advantage of the gap in which the said victim took a locking place on the sofaculation.

[2013Kadan4482] On August 30, 2011, the Defendant was provided with computers by taking the same attitude as the Defendant would pay the normal usage fees to the “HPC bank” operated by the victim G located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

However, the defendant did not have the intention or ability to pay the service charges even if he was provided with a computer because of the absence of any means of payment such as cash or credit card possessed at the time.

The Defendant, as such, by deceiving the victim and using the computer from 23:10 on the same day to 23:10 on the same day, acquired pecuniary benefits equivalent to the same amount by failing to pay 7,400 won for the use fee.

Summary of Evidence

[2013 Highest 4070]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police with C (2013 highest 4482);

1. Legal suspension of the accused;

1. Application of the written statements (I) Acts and subordinate statutes;

1. Articles 329 and 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the crime, the choice of imprisonment for a crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are first crimes (decision of types of punishment).