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(영문) 인천지방법원 부천지원 2019.01.15 2018고정835
절도등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant

A has been engaged in mobile phone sales business as a member of the C mobile phone store located in the victim B.

1. On September 16, 2017, from around 15:00 to around 15:35 of the same day, the Defendant: (a) stored the amount of KRW 1240,000 in a gallon store located in Kimpo-si, the market price of which is 1.240,000 won managed by the victim B (the age of 29, South) in the C mobile phone store located in Kimpo-si; (b) one cell phone located in the market price of KRW 300,000,000 and one cash stored in a safe, in another room; and (c) cut off the amount of KRW 2.1 million.

2. Around 16:00 on September 23, 2017, the Defendant embezzled a mobile phone store located in E, Kimpo-si, Kimpo-si, by selling KRW 50,00 to employees of the mobile phone store whose name cannot be known without returning one unit of S6 mobile phone at the market price owned by the victim B (the age of 29, South) who was in his/her possession for business purposes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Investigation report (A resident image data and family relation certificate attached), investigation report (verification of the date and place of disposal of S6 mobile phones if the other gallonies of a suspect), investigation report (verification of CCTV image data in the C mobile phone);

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 355 (1) of the Criminal Act, and the choice of fines for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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