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(영문) 서울중앙지방법원 2014.05.28 2014고단2180
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From January 21, 2013 to December 13, 2013 of the same year, the Defendant served as the shop in charge of finance and management of employees, such as the purchase of goods and the payment of wages, etc. at the “E beauty shop” operated by the victim D in Gangnam-gu Seoul Metropolitan Government.

1. On December 2, 2013, the Defendant: (a) around 14:28, 201, posted 2,200 won in cash owned by the victim who had been kept in the Kabrogate by using the gaps of customers or employees in the above E Beauty room; (b) and (c) removed 2,200 won in cash from the Kabro.

As such, the Defendant stolen the sum of KRW 1,842,200,00 from that time until December 11, 2013, including that of the victim’s money and valuables, from that time, until December 11, 2013, including that of the victim’s money and valuables.

2. Around 10:48 on July 3, 2013, the Defendant: (a) was delegated with the authority to deposit and withdraw a new bank account (G) in the name of F, in which profits necessary for the operation of the beauty room have been deposited from the said victim; and (b) transferred KRW 2,019,180 from the said new bank account in the name of the Defendant by means of Internet banking via an authorized certificate.

As such, the Defendant embezzled KRW 16,049,039,039, totaling 44 times from the time of arbitrarily transferring and using the proceeds of the above beauty room from December 13, 2013, including the following: (a) from December 13, 2013:

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement of D (abundance of inquiry details by transaction date attached thereto);

1. Application of investigation reports (Attachment of CCTV data to a thief crime scene), investigation reports ( submitting details of the thief amount by a victim to a suspect, and facsimile);

1. Relevant Article 329 (Larceny) of the Criminal Act, Articles 356 and 355 (1) (including occupational embezzlement and universal offense) of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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