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(영문) 서울동부지방법원 2017.11.09 2017고단3104
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On September 2017, the Defendant: (a) entered a new wall in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and the victim D’s D’s D’s operation on the third floor; and (b) laid down a door through an unlocked door, and stolen approximately KRW 10,000, which is the victim’s possession in the unclaimed treasury.

B. On September 13, 2017, around 03:14, the Defendant: (a) entered the “H restaurant” operated by the victim G in the Seoul Gwangjin-gu F and the first floor; (b) opened the door through an unlocked door, and cut off the cash amounting to approximately KRW 2,00,000,000, which is the victim’s possession.

2. From August 2016 to August 16, 2017, the Defendant engaged in the duties of occupational embezzlement as a general secretary of the “K Public Officials” in the operation of the Victim J in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu).

On May 17, 2017, the Defendant received management expenses of KRW 100,000 from L to one bank account (Account Number: M) under the name of the Defendant, which was entrusted with postal management to the above Gosiwon on May 16, 2017, and used them for personal purposes, such as living expenses, etc. at that time.

From that time until August 10, 2017, the Defendant embezzled the sum of KRW 3,510,000, such as management expenses for postal items, admission fees, etc. kept on behalf of the victim, by receiving money from the account or receiving cash over 12 times in total, as indicated in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police to J;

1. A written statement of G and D;

1. A protocol of seizure and a list of seizure;

1. Application of CCTV photographs, details of each transaction, verification certificates, receipts for admission fees, each entry contract, and the Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to the entrance fees;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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