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(영문) 광주지방법원 2013.12.26 2013고단5421
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On May 30, 200, the Defendant was sentenced to imprisonment with prison labor for the same offense in the same court on May 30, 200 and one year and six months, and the execution of the final sentence on November 30, 201 is completed by the same court on December 5, 2007. The Defendant was sentenced to imprisonment with prison labor for the same offense in the same court on June, 2007.

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. On September 20, 2013, the Defendant: (a) around 07:50 on September 20, 2013, at the “E” restaurant operated by the victim D, the Defendant opened a restaurant as the key that served and kept as the delivery source in the ordinary restaurant; (b) opened a cafeteria; and (c) laid down the victim’s rest and stolen the cash of KRW 1,985,000 owned by the victim in the Kashter’s depository.

B. On October 29, 2013, at around 15:00, the Defendant: (a) committed a theft with a 500,000 won of cash owned by the victim G located in the Southern-gu Seoul metropolitan area; (b) while employed as the delivery source, the victim neglected surveillance in the restaurant room; and (c) committed a theft with one wall, one of which is 50,000 won of the victim’s cash located on the restaurant room.

Accordingly, the defendant habitually stolen the victims' property.

2. Around 02:00 on October 11, 2013, the Defendant was employed at the “K” restaurant operated by the injured party J in Gwangju-dong-gu, Gwangju-gu, for the purpose of the victim’s occupational embezzlement, and the amount of KRW 300,000,000,000, which was collected from the customers after being employed as delivery for a total of 10 times from around that time to November 10, 2013, including the arbitrary use of the Defendant’s daily food expenses, such as food expenses and telecomtory expenses, for the victim.

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