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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2386

사기미수등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. 절도 피고인은 2016. 11. 3. 16:00 경 부산 해운대구 C 상가 1 층에 있는 피해자 D 운영의 'E' 옷가게에 들어가 피해자의 감시가 소홀한 틈을 이용하여 그 곳 진열대 위에 있던 피해자 소유의 현금 7만원, 1만 원권 상품권 1 장, 하나은행 체크카드, 운전 면허증이 들어 있는 시가 70만원 상당의 샤넬 지갑 1개를 몰래 가지고 나오는 방법으로 절취하는 등 별지 범죄 일람표 기재와 같이 2016. 10. 2. 경부터 2016. 11. 14. 경까지 총 6회에 걸쳐 합계 2,510,000원 상당의 타인의 재물을 절취하였다.

2. On November 4, 2016, the Defendant did not intend to acquire the said gold stuff from the victim G’s “H” store located on the first floor of the FF building in Busan Metropolitan City, Busan, and attempted to acquire the said gold stuff by presenting it to both the victim and making payment as stated in the preceding paragraph. However, the Defendant attempted to acquire the said gold stuff by suggesting the said cream in the balance of the account connected with the said card, but failed to obtain it by deceiving it to the victim by paying the said cream amount equivalent to one million won at the second market price. However, even though the victim suspected of having committed the Defendant’s act had failed to cancel the payment for the said one million won and to refuse to purchase and sell it.

In this respect, the defendant, by deceiving the victim and wanting to receive property, has taken care of the attempted crime, and used stolen debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, I, J, K, L, and M;

1. E Burial theft photographs, internal investigation reports (on-site internal investigation, etc.), a detailed statement of approval of cards, CCTV image records for the crime of N burial, damaged photographs, photographs of the suspect of temporary theft, CCTV image records for committing the crime, CCTV image records for the suspect, and CCTV images records for the suspect if the crime was committed, at the O clothes shop;