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(영문) 서울북부지방법원 2017.12.15 2017고단4179

특수절도미수등

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants of "2017 Highest 4179" are the same as that of an elementary school and the same as that of an elementary school.

On September 18, 2017, around 02:50 on September 18, 2017, the Defendants entered the “F” office operated by the victim E in Dongdaemun-gu Seoul Metropolitan Government, and set up two main and two monitors on the market price of the victim, which was located on the books of the office, to the floor of the office. Defendant B reported the network in front of the above office, and Defendant A tried to transport the said computer, etc. outside of the above office and stolen it, but the purport was not achieved.

As a result, the Defendants jointly attempted to steal the victim's property.

The Defendant, on April 17, 2017, up to 2017, up to 4343, posted a letter to sell 20 money at the Internet H-W-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

In fact, the defendant did not have a gold boom itself and thought that he received money from the injured party and used it as a living cost.

Accordingly, the defendant received 2.7 million won from the injured party to the national bank account of A used by the defendant at around 02:20 of the same month from the injured party on the 19th day of the same month and fraudulently acquired it.

Summary of Evidence

[2017 Highest 4179]

1. Defendants’ respective legal statements

1. A victim statement of E;

1. Investigation report (in the face of the scene and a photograph of damaged articles), investigation report (in the face of arrest G) (in the face of an on-site arrest), etc.;

1. Defendant A’s legal statement

1. The authenticity and a written statement of H;

1. Application of Acts and subordinate statutes on transfer certificates;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 342, 331(2) and 331(1) of the Criminal Act (the charge of attempted special larceny) and Article 347(1) of the Criminal Act (the charge of fraud and the choice of imprisonment)

B. Defendant B: Criminal Act.