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(영문) 서울중앙지방법원 2015.11.24 2015고정4009

절도

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

Defendant,

1. On February 27, 2015: (a) around 13:29, the victim C (the victim 45 years of age) was in cash of KRW 70,000,000 and the 30,000,000,000,000 won in the front line, which arrive at the Dowing mountain Station of Dobong-gu Seoul, Dobong-gu, Seoul, and KRW 964-40,00 subways 7,00,000,000 won in cash on the back line in the guest room; and (b) then immediately contact the service room and embling it; and (c) then, he/she embezzled it by accessing the service room with verification documents equivalent to KRW 80,00,00,000,000 in cash on the back line;

2. At around 13:30 on August 8, 2015, at the same place as indicated in paragraph 1, the victim in a name is placed above the top of the line in the guest room, and the market value of the cross-border white bags (a wall, a water tank, a cap, a pair of horses, a mastkkk, a pair of 1 pair, a son and son, a son and son), and embezzlement them;

3. On August 15, 2015, at around 14:30 on August 15, 2015, at the same place as indicated in paragraph (1), the victim in a name is placed above the front half of the guest room and embling a bamboo thicker for women in white white (children’s supplies, spathical tools) in the market value; and

4. On August 18, 2015, at around 22:48, at the same place as indicated in paragraph (1), the victim D’s 320,000 won of the market price that the victim left on the front line of the guest room was embezzled by the victim prior to the victim’s contact with the service room and the recovery thereof.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. The police seizure record and the list of seizure;

1. Reports on internal investigation (related to the statement of the victim and the verification of CCTVs), investigation reports (related to attachment of seized photographs), investigation reports (victim C telephone surveys), investigation reports (CCTV verification - Victim C);

1. The application of Acts and subordinate statutes on reports on the loss of D and C;

1. Relevant Article 360 (1) of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 333(1) of the Criminal Procedure Act for the return of victims;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.