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(영문) 서울남부지방법원 2013.04.10 2013고단224
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, as the director of LG Plus E branch located in Yeongdeungpo-gu Seoul Metropolitan Government, discussed that the Defendant stolen Handphones kept in storage in the E branch of the victimized company E branch of the victimized company, along with G operating the LG Plus F agency.

On December 20, 2012, at around 20:20 on December 20, 2012, the Defendant, at the E-branch office of the victimized company located in the building of Yeongdeungpo-gu Seoul Metropolitan Government, opened a warehouse entrance in the same building by using it, and gallon jus-3 mobile phone equipment 182 units (138 units, 961,40 won per 138 units, 994,400 won per 44 units) owned by the victimized company and gallon 3 unit 3 unit 891,00 won per 89,000 won per 1) owned by the victimized company.

As a result, the Defendant, together with the above G, stolen articles equivalent to the total amount of KRW 179,09,80,000, such as mobile phones.

(The written indictment is about one million won per mobile phone, and about 900,000 won per unit per gallon, and the total of 184,700,000 won per unit were calculated as the market price. However, the summary of evidence was corrected to 179,09,800 won on the basis of data attached to the signal Contents Inquiry and the defendant's statement.

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes to the signal details inquiry;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Reasons for sentencing [Determination of types] in Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [The reason for sentencing] thief [Special Convict] - Where intrusion upon general property - mitigated elements: Cases of intrusion upon places other than indoor residential space (type 4] / [the scope of recommending punishment] 8 to 1 year [the scope of recommendation] - there is no history of criminal punishment - there is no number of aggravated factors: In cases of two or more joints (the judgment of both terms and conditions] in collaboration with other employees at night, the defendant committed a theft of 185 mobile phones of the company that he/she attends and disposed of as stolen property immediately, and the amount of damage reaches 180,000 won.

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