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(영문) 대전지방법원 홍성지원 2013.05.07 2011고정168
절도
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who works as an employee at the E station operated by the victim D in Chungcheongnam-gun budget group C.

On August 24, 2010, the Defendant retired from office on the second floor of the building of the gas station at the above E-S. and came to possess travel expenses to be incurred from the house. On August 24, 2010, the Defendant: (a) removed cash of KRW 3.60,000 from the wall of the victim F who used the gaps that he was under influence of alcohol; and (b) cut off cash of KRW 200,000 in cash owned by the victim D who was in the cost of calculating the gas station.

Summary of Evidence

1. Statement of examination of the witness to the F;

1. A written statement of F and D;

1. Application of Acts and subordinate statutes to a report on occurrence of a crime, and each investigation report (for calculation of the amount of damage, a report on victimD telephone statement);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant did not commit the crime of this case. As such, the defendant and his defense counsel asserted that the defendant did not commit the crime of this case. Thus, the following circumstances acknowledged by the above evidence are as follows: ① The victim F and the defendant were only the victim in the E-ownership station at a time when cash was stolen, and there is no evidence to prove that the victims invaded the outside person at the above time; ② the victim F paid the amount of money directly on the face of the defendant before the victims was stolen; ③ the victims were absent without permission from three employees of the above gas station on the date when the victims was discovered that cash was stolen; ④ the defendant took care of the amount of money at the face of the defendant; ④ The victim F paid the amount of money to the delivery source by withdrawing the money directly from the victim on the face of the defendant; ③ the victims was absent from work without permission by only three employees of the above gas station at the time when the victims were stolen; and the defendant thereafter, the defendant was forced to do so with no demand for payment for the work.

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