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(영문) 서울남부지방법원 2015.09.14 2015고단3105
장물취득등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 23, 2015, the Defendant acquired stolen goods after being aware that they were stolen from Mongolian nationality E (E and gender Buddhist) around D located in Guro-gu Seoul, Guro-gu, Seoul, and that they were stolen from “F store located in the second floor of the above department store,” the Defendant acquired stolen goods after being aware of the fact that they were stolen from the “F store located in the second floor of the above department store,” the market value of which is equivalent to KRW 129,00,000.

2. Larceny;

A. At around 15:30 on July 25, 2015, the Defendant, at the “G” store operated by the victim on the first floor of the department store listed in paragraph (1), was stolen by means of inserting 20 clothes equivalent to the total market value of KRW 1,198,00, which is the victim’s market value displayed in other stores, where the gaps in the supervision of his/her employees were displayed in other stores.

B. On July 25, 2015, the Defendant: (a) committed theft in H’s store at the “H” store operated by the victim on the first floor of the department store as indicated in paragraph (1) by means of putting the gap in the supervision of his/her employees on the victim’s oral 1,000 won, which is the victim’s possession, displayed in other stores; and (b) putting the gap in which the employee’s supervision was neglected, into the household room, and putting the victim’s oral 1,000 won, and leaving the store.

C. At around 16:00 on July 25, 2015, the Defendant, at “I” store operated by the victim on the second floor of the department store as indicated in paragraph (1), was stolen by inserting the gap in the victim’s name, which is the victim’s market value displayed in other stores, totaling KRW 265,00,000, and KRW 9,000, which is the victim’s market value displayed in other stores.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to J and K;

1. A written statements on the preparation of L;

1. Each photograph;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 362 (1) of the Criminal Act and Article 362 (1) of the Criminal Act (the acquisition of stolen articles and the choice of imprisonment) concerning criminal facts, and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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