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(영문) 청주지방법원 2013.07.05 2013고합77
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On October 6, 2004, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court on April 18, 2008, and was sentenced to three years and six months of imprisonment with prison labor for the same crime in the Chungcheong District Court on April 18, 2008, and on September 2, 201, more than seven criminal records of the same kind in addition to the completion of the execution of the sentence in the female prison

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. On January 23, 2012, at around 21:30 on January 23, 2012, the Defendant: (a) while working as an employee at the “E gas station” for the victim C’s operation in the Chungcheongbuk-gun; (b) opened a credit cooperative password, which was known to other employees by using the gaps in the office due to the Gu’s cooperation; and (c) took 6,000,000 won in cash owned by the victim.

B. Around 22:40 on May 5, 2012, the Defendant was working as an employee at the “H station” in the “H station in Yongsan-si, Changwon-si, Changwon-si” for the management of the Victim G, which was located in the “H station,” and took advantage of the gap caused by other employees of the said station, the Defendant left the office, thereby taking up KRW 647,800, the cash owned by the victim, which was located in the said station and the credit cooperative.

Accordingly, the defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crimes within three years after the execution thereof is completed.

2. From March 2013, the Defendant was engaged in the business of selling and collecting milk as an employee of the Victim J, who is in the territory of the Cheongju-si, Cheongju-si.

On April 21, 2013, the Defendant collected the amount of KRW 1,910,000 from the gas station above and kept for the said victim’s business. At around 20:20 on the same day, the Defendant had the above gas station price, and used it arbitrarily for personal purposes, such as living expenses, at the gas station in Seoul around that time.

Accordingly, the defendant embezzled the victim's property.

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