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(영문) 수원지방법원 2013.11.14 2013고단4135
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant was a person who was an employee of the Deputy Director of the Dial Affairs Office of the Victim C in Young-gu, Young-gu.

1. On February 19, 2013, at around 08:10 on February 19, 2013, the Defendant opened a bridge under the Sejong Deputy Water purifier to make a disposable coffee. On February 19, 201, the Defendant: (a) reported that there was three million won in cash owned by the victim E, who is the Vice Vice Commissioner; and (b) stolen it.

2. Embezzlement;

A. On February 19, 2013, the Defendant opened a passbook in the name of the Defendant for the victim C, who is the owner of the said passbook, and used it to the victim. On February 19, 2013, the Defendant: (a) entered the Agricultural Cooperative, which was in the composition of the said passbook, and then embezzled KRW 100,000 out of the deposits entered in the said passbook, and then embezzled for voluntary consumption.

B. Around May 2012, the Defendant opened a key securities account (G) in the name of the Defendant for the said victim C, and sold stocks held by the said account to approximately 5 million won on February 19, 2013 without the victim’s permission, and sold 35 million won as a security, and subsequently embezzled 35 million won at the business counter of the national bank located in Suwon-si, Suwon-si, Seoul, at around 13:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The application of Acts and subordinate statutes of the investigative report (No. 237 pages of investigation records);

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, Article 329 of the Election of Imprisonment and Article 355 (1) of the Criminal Act;

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

1. The sentencing of Article 62(1) of the Criminal Act shall be determined as ordered in consideration of the facts prescribed in Article 51 of the Criminal Act, such as the fact that there is no criminal record against the defendant, and the victims do not want the punishment of the defendant.

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