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(영문) 수원지방법원 성남지원 2015.09.17 2015고단1378
야간건조물침입절도등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around June 26, 2014, the Defendant became a member of the victim company B and has been engaged in the business of collecting and managing new mobile phone opening expenses, used machinery sales proceeds, and customer mobile phone use fees from the above victim company until January 19, 2015.

1. On January 19, 2012, the Defendant: (a) around 24:00 on January 19, 2012, entered the office in front of the above victim company’s office in Yongsan-gu Seoul and A Dong 403; (b) opened and entered the office door using a security card and the key to store, which was paid by the victimized company for the purpose of stealing cash; and (c) opened a safe inside the above office and brought about KRW 178,680 in cash, which is the possession of the victimized company located in the above office.

Accordingly, the Defendant stolen the property of the victimized company.

2. Around August 2014, the Defendant: (a) received and kept one million won of the termination fee for mobile communications from customers at a large store of the above victim company located in Gangnam-gu Seoul Metropolitan Government D 1st floor; (b) on the same day, the Defendant used it for personal purposes, such as living expenses, gambling expenses, and repayment of debts, without deposit it into the account of the victimized company.

From that time to January 17, 2015, the Defendant consumed the total of KRW 5,674,930 in the same way on seven occasions, such as the list of crimes in the attached Table.

As a result, the defendant embezzled the property of the victimized company that was under the occupational custody.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. Cuts, CCTV image records to capture photographs, details of deposit of communications expenses, application of the Acts and subordinate statutes on receipts;

1. Article 330 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

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

3. Article 62 (1) of the Criminal Act;

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