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(영문) 서울중앙지방법원 2017.03.28 2017고단259

상습특수절도등

Text

Defendant

A Imprisonment with prison labor of one year and two months, and each of the defendants B shall be punished by imprisonment of ten months, and each of the defendants C shall be punished by imprisonment of ten months.

(b).

Reasons

Punishment of the crime

The Defendants were the employees of the “J” in the first floor of the Seocho-gu Seoul Metropolitan Government I Building, Defendant A was the manager in charge of the Kabter Accounting, Defendant C was the manager in charge of the management of employees and attracting customers, and Defendant B was the Chinese nationality in charge of the management and ice-related affairs.

1. Defendant A’s habitual thief, while taking charge of the duties of carbr calculation in the above J, did not confirm the daily sales of the victim K or other employees. Defendant A’s habitual thief did not cancel part of the order and, based on the fact that he received food costs from one-time management device (one-name POS machine) and subsequently, he could not know the cancellation details when he takes over the payment of food costs from a customer, Defendant A’s habitual thief, using the fact that he could not know the cancellation details. In the event he receives food costs from a customer in cash, Defendant A would cancel part of the order and bring about cash of the cancelled amount, or would bring about settlement in cash by arranging the cancellation details in the name of service charges for ice employees.

Around December 13, 2016, the Defendant arbitrarily cancelled part of the details of orders by the above J on the same method, and then arbitrarily removed 303,000 won, which was settled under the pretext of service expenses, etc., from a credit cooperative.

Between July 2012 and December 13, 2016, the sum of KRW 103,105,000, which is habitually owned by the Victim K over 113 times in the following manner, as shown in the attached Table 1 list of crimes, from July 2012 to December 13, 2016, shall be collected from the Treasury.

L. A. L. theft was committed.

2. Defendants C of habitual special larceny expressed to the effect that around January 2016, Defendant C of this case deducteds money to Defendant A and Defendant B for the purpose of raising incentives and financial resources to be provided to employees with good performance. Defendant C and Defendant B may accordingly cancel the order details among customers.