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(영문) 창원지방법원 진주지원 2018.03.09 2017고단1184
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 25, 2012, the Defendant was working as a revenue source in the “E EM” operated by the victim D in Jinju-si, Jin-si, and in fact, the Defendant divided the “total cancellation” pressing and “money exchange” pressing of the large computer, which was calculated as if he had caused a refund to customers, and then taken 210,000 won in cash, which is the money equivalent to the amount refunded on the computer, after making a year of the payment.

They brought to Korea.

In addition, from that time until June 21, 2017, the Defendant, as described in the list of crimes in the attached Table, took out total of KRW 139,910,000 in cash over a total of 540 times, from the money box of the Mart Calculation Unit.

They brought to Korea.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions in the bank account opened in the name of the defendant;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (including the cases) and reasons for sentencing of sentence of imprisonment with prison labor;

1. Recommendations for the application of the sentencing criteria: Where the person subject to special sentencing in June to June (basic sphere): the person whose livelihood is the type of crime and personal damage are considerably heavy, and whose damage is not recovered;

2. In this case, the defendant's reliance on the victim's trust as the calculation source of Mart and thus, the crime of theft of money is not good.

Although the amount of damage of this case was considerably significant in damages of KRW 139,910,000, approximately KRW 40,000 among them was repaid, and the remaining damages of KRW 100,000,000 were not recovered.

However, it shall be considered that the defendant is the first offender in favor of him.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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