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(영문) 대구지방법원 김천지원 2015.03.12 2015고단75
절도등
Text

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

Reasons

Punishment of the crime

1. A theft: (a) around August 13, 2014, the Defendant: (b) committed theft with one transportation card equivalent to KRW 789,110 in cash, which is the victim’s possession, and KRW 20,000 in tobacco equivalent to KRW 50,00 in the market value on the back of the Kabter, and KRW 6,000 in the market value on the lower side of the Kabter, while working as an employee at the convenience store operated by the victim D in the Gumi-si, Si; and (c) committed theft.

2. The Defendant acquired financial profits equivalent to 300,000 won by inputting the stolen transportation cards at the time and place under paragraph (1) and at the above time, on six occasions the information to charge 50,000 won to the spons terminal, which is an information processing unit, such as a computer, etc., installed and managed by the said victim, without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Submission of a statement of the details of damage settlement, investigation report (Attachment of CCTV data in a criminal place), application of Acts and subordinate statutes to investigation report (referring to the transportation card for damaged goods);

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, the concurrent crimes committed several crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated punishment imposed on the crime of fraud by using computers, etc. with heavy punishment) and committed several crimes of juvenile protective disposition on June 17, 2014, which were committed on the basis of the same kind of crime, and only two months from the juvenile reformatory on June 17, 2014. The crime in the judgment was committed not only identical with the previous crime but also solely based on the defendant's defense. The crime was committed on the part of the defendant's defense unit when the first crime was committed, and was written on the police box, but it was thought that the first crime was committed because there was no special punishment, but also it was serious since the age became more serious.

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