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(영문) 대전지방법원 천안지원 2016.02.04 2015고정1147
절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on November 27, 2015.

The defendant is a person who works in C, and is an employee who had previously worked in Atis for the settlement of disputes.

The defendant thought that another person's goods should be stolen, and the defendant colored in the management team office of the ATS manufacturing team office.

1. A thief: (a) on October 14, 201, the Defendant: (b) committed theft by taking the Defendant’s 1,290,000 Samsung Nomt North Korea, which is worth KRW 1,290,000, in the Defendant’s office for manufacturing a thief, both reduction and exemption, at the time of industrialization, with a 464-1 book-to-face (ju).

2. For four days from October 14, 201 to 05:00 of the same month from October 14, 201, the Defendant illegally operated and used the victim-owned Daone Star Co., Ltd., a business vehicle without the consent of the victim in charge of the transaction plan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Previous convictions indicated in the judgment: Application of each Act and subordinate statutes described in the report (Attachment of a copy of indictment), the report of the result of confirmation of the previous convictions in the disposition (Seoul Southern District Court 2015 High Court 2116 High Court 2016) and the written judgment (Seoul Southern District Court 2015No 1308);

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (Aggravatedity, Selection of Fines) concerning facts constituting an offense, and Article 331-2 of the Criminal Act (the illegal use of a motor vehicle and the selection of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed by larceny with heavier punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act was not recovered, and the injured person wants to punish the defendant, and the defendant has the record of being punished twice by a fine for the same kind of crime (one time of actual punishment and one time of fine).

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