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(영문) 인천지방법원 2014.06.27 2014고단3542
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Larceny;

A. On April 8, 2014, around 20:56, the Defendant went to the “F” mobile phone sales store operated by the victim E with the knowledge of the peace located in Bupyeong-gu Incheon Metropolitan City D.

The Defendant committed a theft with the victim's gallon market value 1,067,00 won in Samsung Tallon 3 Smartphone market value owned by the victim while keeping the gap in which the victim's surveillance was neglected.

B. At around 20:40 on April 15, 2014, the Defendant: (a) sought again the above sales store for the operation of the Victim E, and then committed theft of the amount equivalent to KRW 2,134,00,000 on the part of the victim’s “Salgal gallon 3” smartphone 2, which was kept in custody of the victim in a display stand, while talking with the victim.

2. From February 2013 to April 20, 2014, the Defendant was an employee of the mobile phone sales store, “I” operated by the victim H in Seo-gu Incheon, Seo-gu.

The defendant received a request from the victim for the management of the above sales store and consented, so that smartphones in the above mobile phone sales store were stored in the business for the victim.

At around 18:00 on January 29, 2014, the Defendant embezzled six smartphones, which were located in the above sales store around 18:00, with a total of 25,15,90 won, from around that time to around April 2014, the Defendant embezzled 27 smartphones with a total of 25,15,90 won, as shown in the crime list, as shown in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Investigation report (CC-TV Confirmation and Investigation);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (the point of larceny and the choice of imprisonment with prison labor) and Articles 356 and 355 (1) of the Criminal Act (the point of each occupational embezzlement and the choice of imprisonment with prison labor).

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