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(영문) 광주지방법원 목포지원 2019.09.06 2019고단746

주거침입등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant, who is a Chinese national foreigner, and a person who has no name but to be asked to withdraw money deposited in the account of a financial institution by misrepresenting his/her phone to an unspecified number of people and inducing them to keep it in a specific place, and the defendant is willing to steal cash by moving the money to a place designated by the person who has no name but to transfer it to a designated

At the end of May 28, 2019, the name weakist called the victim B by calls to the police and misrepresenting the victim B, and caused the time to continue telephone conversations while making a false statement to the effect that “the two-four million won in the bankbooks can be withdrawn, so that the two-four million won in the passbooks can be withdrawn, and going back to the home phone at the home.” This means that the victim withdraws the amount of twenty-four million won from the C Association to keep it back to the home phone of the victim and then let the victim keep it back to the home phone of the victim, and then, “the key of the house is put in mail and if there is a front of the Si Library, a criminal charge will be committed.”

Between them, the Defendant intruded into the victim’s residence located in Ma at the time of Mapo-si, and opened the victim’s cash 24 million won in the possession of the victim located adjacent to the phone at the time of Mapo-si, and delivered it by transferring it to the account instructed by the deceased.

Accordingly, the defendant invadedd the residence of the victim and stolen the property owned by the victim in collusion with the person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (hereinafter referred to as “inception video analysis”), internal investigation (verification of suspect phone numbers), investigation report (inception of suspects), and investigation report (inception of suspects);

1. Relevant Articles 319(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;