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(영문) 부산지방법원 2016.04.01 2016고정264

절도

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 2015, the Defendant: (a) was serving as an employee in a “C” mobile phone store located in Suwon-gu Busan, Busan, on March 2015, the Defendant stolen 16 mobile phones, which were located in his/her custody, by taking advantage of the gaps in which the sum of the market prices of the victim D owned by the Defendant, which is equivalent to KRW 16 million, was neglected to monitor the victim’s 6 mobile phone; and (b) the Defendant stolen 16 mobile phones.

2. On May 2015, the Defendant: (a) was working as an employee at a “F” mobile phone store located in Busan Metropolitan Government Ma on May 2015; (b) took advantage of the gap in which the sum of the market price owned by the victim D, which is the sum of KRW 2 million of the market price owned by the victim D and 6 mobile phone units kept therein, was stolen by taking advantage of the gap in which the victim’s surveillance was neglected.

3. On July 2015, the Defendant: (a) was working as an employee at the “H” mobile phone store located in Busan Dongdong-gu, Busan around July 2015; (b) took advantage of the gap in which the sum of the market price owned by the victim D and the victim D was at least KRW 4 million, and the victim’s 6 mobile phone numbered by the 6 mobile phone numbered by the 6 mobile phone numbered by the 6 mobile phone numbered by the 6 mobile phone numbered by the 6 mobile phone numbered by the 6 mobile phone numbered by the 6 mobile phone numbered by the 6 mobile phone;

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each of the police officers against defendants, I, J, K, and L;

1. Each police statement made against D, M, or N;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

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;