2017False 1336 thief

A

Park Hong-chul (prosecution), Correction (Public Trial)

Attorneys Kim Jin-Jin (Korean)

January 25, 2019

Defendant shall be punished by a fine of KRW 500,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant was an employee of the victim C operation ‘D' restaurant in Ulsan-gu, Ulsan-gu, who has been engaged in the management of ice ices and carbs.

On May 7, 2017, the Defendant entered a 'E' restaurant operated jointly by the victim in the vicinity of the above cafeteria on May 7, 2017, and stolen the amount of the non-amount cash in the Kacter Scoo by taking advantage of any cresh in the surrounding area.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. The CD (CCTV) image;

1. An investigation report (the investigation on the access to a suspect E-cafeteria and the attachment of a photograph by cutting down on the surface of the crime) / (the defendant changed to exchange 140 am of the D-cafeteria in the paper of the E-cafeteria, but CCTV images cannot be viewed as holding the street in light of the movement of the defendant, such as show that the defendant took a paper on his left hand or his hand. Furthermore, the defendant might have known that he was aware of the misunderstanding of the law that he did not operate the E-cafeteria even though he did not operate his business any longer (the defendant asserted that F was allowed to do so, but the defendant's argument cannot be accepted in light of the testimony of F and C). However, it is difficult to view that it was necessary to exchange the cafeteria of the D-cafeteria with the closure of the E-cafeteria (the defendant's last day of the D-cafeteria, and it cannot be viewed that he did not exchange the e-mail for the purpose of calculating the e-mail).

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Act, Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges fixed-term