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(영문) 서울서부지방법원 2017.11.23 2017고정1439
절도등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

In order to raise the “sports soil” game fund, the Defendant is a person who has been engaged in a disguised employment at a convenience store to steal cash, and is supported and employed as a short-term part-time job at a convenience store operated by the victim C.

1. From February 18, 2017 to February 20, 2017, between 07:07 to 07:20 on February 20, 2017, the Defendant stolen 469,000 won in cash at a snife flag and a simplified credit cooperative, both at the E convenience store located in Mapo-gu Seoul Metropolitan Government, which was operated by the victimized person, to be a single-child, and subsequently stolen 469,000 won in cash, over eight occasions.

2. On February 19, 2017, the Defendant used computers, etc.: (a) placed a mixed convenience store at a place prescribed in paragraph (1) at around 22:53; (b) placed his/her transportation card charging machine installed on the calculation unit; and (c) charged 100,000 won without permission to acquire pecuniary profits equivalent to that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV verification for convenience stores and face-to-face verification);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of fines, respectively;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have any history of criminal punishment prior to the instant case; the Defendant agreed to pay 800,000 won to the victim at an investigative agency; and paid the remaining KRW 500,000 after the Defendant was prosecuted; the Defendant’s payment of KRW 500,000 as at the time of the issuance of the summary order is not considered due to his/her failure to submit the deposit data; and the Defendant’s age, sex, and environment.

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