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(영문) 제주지방법원 2018.09.10 2018고단527
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2016, the Defendant: (a) was an employee of the Dispute Resolution Co., Ltd.; (b) taken advantage of the gap in the field management, such as being bound by the representative of the Dispute Resolution Co., Ltd.; and (c) taken the building materials stored in the Dispute Resolution Co., Ltd. on January 19, 2017 through a door not locked in the field of the Jeju City, which was located in the Dispute Resolution Co., Ltd. on January 19, 2017; and (d) taken 301 type of oil pumps (601) owned by the Dispute Resolution Co., Ltd. into the truck and stolen them by carrying them on the truck from July 4, 2017 to July 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Attachment, etc. of F, G, and H Expenditure)

1. Investigative reports (related to the I use and information); and

4. Change of the date and frequency of the crime;

1. Application of statutes on field photographs;

1. Article 329 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62(1) of the Criminal Act, among the various conditions of sentencing specified in the argument in the instant case for the reason of sentencing under Article 62(1) of the suspended sentence, the following conditions are against: (a) the defendant transfers KRW 3 million to E by the representative director of the victim company on July 22, 2017; (b) the victim company deposited KRW 23.4 million in the victim company on August 21, 2018; (c) the victim company made efforts to recover damage; (d) there was no record of criminal punishment exceeding the fine; (d) there was no record of criminal offense; (e) there was no record of criminal offense; (e) there is no number of times of normal theft; (g) there is no number of times; and (g) the use of stolen articles for selling sports

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