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(영문) 대전지방법원 2017.11.21 2017고정846
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A victim C is a person operating a restaurant "E" in Daejeon Seo-gu D, and the defendant is a person working as the principal restaurant operator of the above restaurant.

1. On November 18, 2016, at the above restaurant around 14:00 on November 18, 2016, the Defendant: (a) had a locked space in C; and (b) had it in the kitchen.

At C’s bank, the Defendant’s child F, who was aware of the password of the above passbook No. C inside the 15:22, was allowed to withdraw KRW 1,00,000,000,000,000,000,000, which is the victim’s possession, by inserting the passbook at the location of the victim bank located in Daejeon Seo-gu, Daejeon, Seosung-gu, Daejeon, at around 14:25 on the same day, by inserting the passbook at the location of the victim bank, and inserting the password at the location of the victim bank located in the same time, and then cutting it.

2. The Defendant thefted the Defendant’s cash amounting to KRW 6.30,000,000 owned by the victim C, such as a restaurant sales at the cafeteria around the city of the day specified in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (in all cases, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant, who withdrawn from the victim’s passbook, is required due to the marriage type of the Chokdong, and the Defendant would withdraw KRW 1 million from the victim.

The victim notified the victim in advance, and the victim implicitly accepted it.

B. The 500,000 won out of the 6.330,000 won stated in this part of the facts charged was left to the Defendant by the person who sustained ordinary damages.

money is money.

It is only 130,00 won a stolen restaurant sales fee. 2. Determination

(a) the adoption and investigation by this Court;

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