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(영문) 수원지방법원 안양지원 2017.03.23 2016고단1649

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court on July 10, 2014, and completed the execution of the sentence at the Daegu District Court on August 24, 2014. On June 2, 2016, the Seoul Southern District Court sentenced two months of imprisonment for fraud, and completed the execution of the sentence at the Seoul Southern Southern District Court on June 29, 2016.

On September 26, 2016, the Defendant: (a) opened a 'E' office operated by the victim D (E) in Ansan-gu, Mayang-gu; (b) opened a 70,000 won in cash, which was located in the cash storage box, and entered the office; (c) stolen the victim's property by intrusion upon the structure managed by the victim at night.

On October 3, 2016, the Defendant: (a) from around 01:24 to October 16:00, 201; (b) was provided by the victim G in the Military F and the fifth floor of the Sinpo-si from around 01:24 to around 16:00, as if the Defendant did not possess any money to pay the fee, or a credit card, which is a credit settlement means, and was able to pay the fee despite the absence of the intent or ability to pay the fee; (c) was provided by the victim as if the Defendant did not have any intent or ability to pay the fee; and (d) was provided with the fee for the use of the room ( approximately KRW 37 hours) and bat, call, etc. in total from the victim.

Accordingly, the defendant acquired property and property benefits by deceiving the victim.

"2016 Highest 2129"

1. On November 30, 2016, the Defendant: (a) was not in possession of money to pay meal costs or a credit card, which is a credit settlement means, at the “J” restaurant located in Mapo-si, Mapo-si on 16:49 on November 30, 2016; and (b) was provided by the Defendant by exercising as if he had no capacity and intent to pay the price, and by exercising as if he/she had no capacity and intent to pay the price, he/she was provided with 7

Accordingly, the defendant acquired property by deceiving the victim.

2. Intrusion upon a room and theft Defendant: Mapo-si on December 1, 2016.