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(영문) 대전지방법원 2016.08.17 2016고단1393
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from November 2007 to November 201, 2015, was a main agent for the sale of home fluor C, a company in Daejeon Jung-gu, Daejeon, and was engaged in the duties of inventory management, etc. in the field of agricultural and fishery fluorries.

The Defendant, who was unable to pay a loan due to economic difficulties, such as seizure of the payment of the loan, brought the rice stored in the warehouse of the said Home Plus C without permission, which is the owner of the victim’s home Plus Bank Co., Ltd., in order to raise money for sale.

피고인은 2015. 3. 경 창고 검수 직원에게 ‘ 결제가 완료된 것이다’ 고 말하며 정상적으로 쌀을 반출하는 것처럼 하여 위 홈 플러스 C 창고에서 피해자 소유인 시가 합계 289,000원 상당의 “ 송 탄 농협 밥맛 좋은 경기 추정 미 (20kg)" 5 포를 가지고 나와 절취한 것을 비롯하여 그 무렵부터 2015. 10. 경까지 별지 범죄 일람표 기재와 같이 총 18회에 걸쳐 피해자 소유인 시가 합계 15,867,300원 상당의 쌀을 가지고 나와 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E, F and G;

1. The closure of CCTV images;

1. Application of the relevant statutes to the details of transactions in the bank account and the details of transactions in the bank account;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The scope of the recommended sentence based on the sentencing guidelines in the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 50 of the same Act, shall be determined by taking into account the following circumstances into account:

Unfavorable circumstances: During a considerable period of time, it has been committed repeatedly using one's position for a considerable period of time, and the damaged person's punishment for the failure to recover damage has been committed: there has been no record of punishment for the first offense, and it is against the fact of crime.

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