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(영문) 울산지방법원 2018.09.19 2018고단1367
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2018 Highest 1367"

1. The indictment for the larceny of intrusion upon a structure at night states that the name of the crime is “the theft at night” but it is reasonable to regard the “regular point” as a structure that is not a residence, and therefore, the corresponding criminal name is “the theft of intrusion upon a structure at night” (see, e.g., subparagraph 37 of the Regulations on the Inspection of Prosecutors, and attached Table 1 of the Regulations on the Name of the crime to be stated in the indictment and the Non-prosecution). It does not disadvantage the defendant, but does not affect the defense right, and merely is merely a clerical error in the name of the crime and thus ex officio corrected and indicated.

A. On February 23, 2018, the Defendant committed the crime committed on or around February 23, 2018, after the completion of the business of the “D” fixed landing point that the Defendant in Ulsan-gun, Ulsan-gun, as an employee, worked as an employee, the Defendant stolen KRW 100,000 in cash, owned by the victim E, in the payment period for the said fixed landing point.

B. On February 27, 2018, the Defendant committed the crime committed on or around February 27, 2018, completed the business of 1’s temporary landing points on February 27, 2018, at around 24:00, the Defendant stolen KRW 700,000,000 in cash owned by the victim E, who had been on his/her book, by inputting the entrance password at the above temporary landing point, and by intrusioning on the above temporary landing point.

2. The Defendant, a business embezzlement, has been engaged in the duties of burial management and collection of the above refined land points as an employee of the above refined land points operated by the victim E from January 27, 2018 to March 2018.

around 17:00 on February 27, 2018, the Defendant was in the custody of 200,000 won from customers on behalf of the victim. around that time, the Defendant spent the Defendant’s debt repayment, etc. for personal purposes, such as repayment of the Defendant’s debt, in mind, at a day in Ulsan-si, and then, from around that time to March 3, 2018, the Defendant arbitrarily brought KRW 700,000,000 in total three times, such as the one in the list of crimes in the attached Table 1.

Franchise.

Accordingly, the defendant embezzled the victim's property.

3...

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