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(영문) 서울서부지방법원 2016.11.29 2016고단3070

절도등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 17:25 on September 27, 2016, the Defendant: (a) stolen the victim’s “Emart” managed by the victim D located in Eunpyeong-gu Seoul Metropolitan Government, by using the gaps in which the victim’s surveillance was neglected; (b) 1 head of the Seocho-gu 1,500 won at the display site; and (c) 1 head of the Poet in the amount equivalent to KRW 1,500 at the market price.

From that time to October 11, 2016, the Defendant stolen the victim’s property worth a total of KRW 4,680,000, in total, on three occasions, as indicated in the attached list of crimes, respectively.

The Defendant, “2016 Highest 3317,” even though he did not have the intent or ability to pay the price even if he issued an order for factual food, was able to place an order for food as if he would pay the price.

On October 8, 2016, around 17:10 on October 8, 2016, the Defendant committed as if he would be able to pay food charges in the Eunpyeong-gu Seoul Metropolitan Government F Victim G at the H “H” house, and subsequently, the Defendant provided the victim with the victim with 1 mari, 2 disease, and 3,000 won at the market price, with 1 mari, 1 mari, and 3,000 won at the market price.

Summary of Evidence

"2016 Highest 3070"

1. Defendant's legal statement;

1. Written statements of D;

1. 2016 high-class 3317 on the screen by cutting down a photograph of damaged articles, a receipt, or CCTV;

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on the value receipt;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. From among concurrent offenders, crimes 1 (Fraud) for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are crimes 2 (the scope of recommending punishment) for which no basic area (6-100 million won or less) (6 months to June-1), and the basic area (6 months to June-1), 2 (the scope of recommending punishment) for general property / [the scope of recommending punishment] for types 2 (general larceny) and the area of special mitigation (2-10 months to October) for general property (the special mitigation).