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(영문) 서울남부지방법원 2017.01.25 2016고정2772

절도등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 11, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on August 201, and the judgment became final and conclusive on December 19, 2015.

1. From June 6, 2015, around 00:30 on June 6, 2015, the Defendant: (a) stolen the victim Q from a crepit in front of the bus stops in Yeongdeungpo-gu Seoul Metropolitan Government, using a cresh in which the victim Q is under the influence of alcohol at the bus stops; and (b) stolen the victim’s market price owned by the victim, which is equivalent to KRW 800,000,000,000, by using one smartphone.

2. On June 6, 2015, at around 01:53, the Defendant used computers, etc.: (a) entered the stolen victim’s smartphone, as described in paragraph (1) prior to the Yeongdeungpo-gu Seoul Metropolitan Government R, into the “Tittop” website operated by the victim’s Estop; and (b) obtained financial benefits equivalent to KRW 30,000,000,000, in consideration of the 4,500,000 won of the items sold merchandise merchandise gift certificates and KRW 50,00,00,000, in total, KRW 4,000,000,000,000, namely, KRW 6,200,000,000,000,000,000,000,000 won; and (c) obtained financial benefits from the damaged party without authority, as if he purchased the merchandise gift certificates of KRW 1,00,000,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol for Qua;

1. Report on internal investigation, investigation report, investigation report (investigation of merchandise coupon purchaser S), replys to a seizure warrant (personal information on the nominal holder, details of account transactions);

1. Previous convictions: Inquiry of case summary information and application of the text of judgment (Seoul Southern District Court 2015No. 1550)-related Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of fines for each crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;