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(영문) 광주지방법원 2016.02.04 2015고단4819
업무상횡령등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2] On February 22, 2010, the Defendant was subject to a disposition to transfer juvenile protection cases by larceny, etc. at the Gwangju District Court on February 7, 201, and was subject to a disposition to transfer juvenile protection cases by larceny, etc. at the Gwangju District Court on August 9, 2012, the Defendant was sentenced to a fine of three million won as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the common military court of the 31st association of the land army on August 9, 2012, and on July 3, 2015, the former District Court was sentenced to a suspended sentence of two years for imprisonment with prison labor for habitual larceny at the Jeonju District Court on July 11, 2015.

On January 21, 2016, the Defendant was sentenced to two years of imprisonment for habitual larceny, etc. at the Gwangju District Court (2015No. 1694, 2015 Inventory 45, the appellate court of the same court) and deemed to have become final and conclusive on January 29, 2016. However, as such, the crime of habitual larceny, etc., of which judgment became final and conclusive prior to July 11, 2015, was committed before the judgment of the Jeonju District Court in the judgment, which became final and conclusive, was committed before July 2015, and thus, cannot be determined simultaneously from the beginning with the instant crime, and thus, the Defendant cannot be sentenced, or mitigated or exempted from punishment in consideration of equity (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012).

1. On August 21, 2015, the Defendant habitually stolen at the victim D’s house located in Seo-gu, Seo-gu, Gwangju, Gwangju, about 200,00 won, brought KRW 60,000,000 in the market price equivalent to KRW 200,000, market price of the victim’s house to the gap in the victim D’s house.

Accordingly, the defendant habitually stolen the victim's property.

2. From August 21, 2015, the Defendant engaged in the sale of goods and the receipt and disbursement of money at the “G” convenience store operated by the Victim F in Seo-gu, Gwangju, Seo-gu.

The defendant at around 23:45 on the same day, for the victim, ten copies of cultural merchandise coupons equivalent to KRW 728,960 and market value of KRW 100,000 in cash at the above convenience store.

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