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(영문) 서울남부지방법원 2015.10.28 2015고단3522
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a researcher working at the victim (ju) Telecommunication D Team of Samsung Telecommunication, intended to sell a mobile phone buyer to an external entity for the purpose of testing the performance of the development mobile phone at Samsung Electronic Plant for the purpose of testing the performance of the mobile phone. The Defendant, using the fact that it is not necessary to return it again, intended to sell it to the mobile phone buyer.

Accordingly, the Defendant, around August 6, 2013, intended to sell 10 mobile phone value of S4 mobile phone value to E when gallonies owned by the victim after being taken out of the above factory and undergone the test, sent the above amount of money to “G”, which is a used mobile phone dealer in Sungnam-si, Sungnam-si, and received KRW 1,150,000 from the above E to the foreign exchange bank account in the name of the suspect.

In addition, from around that time to June 8, 2015, the Defendant stolen approximately KRW 884 of the total market value of smartphones equivalent to KRW 94,01,50 in total, 32 times, as shown in the annexed Crime List, from around that time to around that time, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, E, and I;

1. Investigation report - Application of Acts and subordinate statutes on details of financial transactions in A foreign exchange banks (the details of deposits by stolen business operators);

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Six months to one year and six months from the date of imprisonment on the sentencing guidelines (the thief group, the thief group in general property, the thief in general property, and the basic area);

2. The sentencing decision defendant has repeatedly committed a crime for a considerable period while serving in the victim company, and the quantity of the stolen goods is considerably large;

Although the mobile phone set disposed of by the defendant is required to be disposed of as waste, the above set is safe.

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