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(영문) 대구지방법원 2016.08.11 2016고단1798
절도
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On May 20, 2016, the Defendant was sentenced to a suspended sentence of two years for larceny, etc. at the Daegu District Court on May 20, 2016, and the said judgment became final and conclusive on February 28 of the same month.

From October 14, 2010 to July 7, 2014, the Defendant was a part-time employee who was in charge of the delivery of product packaging and selective distribution in D, “D,” a distribution company for infant goods operated by the injured party C, which was operated by the injured party C from October 14, 2010.

On September 9, 2013, the Defendant: (a) received 77,000 won in the price for the Atop cream, etc., from the victim's surveillance at the above D's place of business, using the Internet key trading site, to “to sell young children's goods such as a Ptop cream, etc. at a low price; and (b) received 7,000 won in the price for the Atop cream, etc.; and (c) taken out young children's goods such as Atop cream

In addition, from July 6, 2014, from that time, theft was done by sending home lines to E, and from that time, through the same method as indicated in the list of crimes in attached Form 83 times, the total market price of an Atop cream, etc., owned by the victim, was stolen at least KRW 6,427,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C Complaints;

1. A detailed statement of transaction in the name of Nonghyup Bank, and a detailed statement of transaction in the name of F;

1. Previous convictions: Application of the results of inquiry, such as criminal history data, reports on the results of previous convictions and results of investigation reports (verification of confirmation date), and statutes;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 39 (1) of the Exempted Criminal Act (the amount of damage caused by the crime of this case, the fact that the defendant repents the wrong facts, and the crime for which judgment with a relation of concurrent crimes has become final and conclusive after Article 37 of the Criminal Act, shall be exempted from punishment in consideration of equity in cases where judgment has been received);

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