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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1826
절도등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 60,075,000 won to the applicant B.

Reasons

Punishment of the crime

The Defendant is a person who served as an employee at the “E store” on the 2nd floor of the Doll, located in Busan-gun C from August 15, 2016 to February 28, 2018.

The Defendant, using the gaps in which the management of the victim B, who operates the above “E” store, brought the clothes, shoess, etc. kept in the E store warehouse, to sell them.

On November 17, 2017, the Defendant posted a letter on F’s bulletin stating that he sells E clothes, and received KRW 150,000 from the purchaser who reported and contacted the transfer of KRW 150,00 from G to the account in the name of the Defendant, and then stolen the E clothes worth KRW 231,000 in the market price stored in the warehouse of the said “E” store by driving it back to G and delivering it to G.

In addition, from May 10, 2017 to February 27, 2018, the Defendant stolen goods equivalent to KRW 60,075,000 in total, which were managed by the victim B over a total of 232 occasions, as shown in [Attachment List No. 1 to 232] from around May 10, 2017 to around February 23, 2018. The Defendant attempted to steals goods equivalent to KRW 390,00 in total, which were managed by the victim B, on three occasions, as in [Attachment List No. 233 to 235], but the Defendant was discovered as the victim and attempted to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes on the draft of a list of crimes, such as field photographs, investigation reports (as regards buyer H and I statements), details of transfer, investigation reports (as to the details of selective transfer), account transactions, details of account transactions, and application of the draft of a list of crimes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Circumstances unfavorable to the grounds for sentencing under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders: The defendant shall commit theft over a long period and several occasions.

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