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(영문) 수원지방법원 2016.04.06 2016고단728
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 1, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence on January 11, 2014.

The Defendant is a person who has been engaged in the management and operation of the said restaurant from January 2, 2015 to March 2015 while serving as an employee in the “D” restaurant of the victim C management in Seo-gu Incheon, Seo-gu.

1. On March 9, 2015, the Defendant: (a) opened a safe in a place where the victim’s surveillance was neglected in the above restaurant on March 23, 2015; and (b) removed KRW 110,000 in cash managed by the victim;

In other words, they stolen them.

2. From January 2015 to March 2015, the Defendant: (a) while carrying out business on the part of the victim a cash of KRW 285,00,00 in the name of the cost of treating food and waste in the above restaurant, the Defendant did not pay monthly cost of treating food and waste; and (b) consumed food and waste for personal purposes at the daily source in Incheon City around that time.

Accordingly, the defendant embezzled the property of the victim while on duty.

3. On May 1, 2015, the Defendant: (a) around 03:00 on May 1, 2015, the Defendant: (b) opened an entrance in front of the said restaurant at night; (c) opened a depository in front of the said restaurant; and (d) opened the depository in front of the said restaurant; and (d) removed cash 270,000 won;

In other words, they stolen them.

4. On April 1, 2015, the Defendant, such as a computer, etc., committed a settlement of KRW 20,000,000, totaling four times by the following method, from the time when he/she had known of the subscriber information of an excursion telephone (E) installed at the above restaurant, with intent to pay his/her game item, by walking a telephone on the ARS of the game that the victim was a stock company, and without due authority, entered the subscriber information of the said restaurant, and settled the account of KRW 50,000,000, by advertising the subscriber information of the said restaurant, without due authority.

Accordingly, the defendant has legitimate authority to computer and other information processing devices.

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