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(영문) 서울남부지방법원 2020.02.12 2019고정1497

사기미수등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 15:00 on February 21, 2019, the Defendant: (a) stolen the victim’s cell phone (H) holding one cell phone owned by the victim, which is one of the victim’s possession, using a gap in the victim’s surveillance negligence in the victim’s E, at a “D” clothing store located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

2. On February 23, 2019, the Defendant attempted to purchase a 2.70,00 won from the victim L, and to pay the price of the goods by presenting the credit card in the name of the above F, which was stolen, to the victim, as stated in the preceding paragraph, at around February 16:3, 2019, at the “K” clothes store of the I building in Seoul, Jung-gu, Seoul, as well as at around 2.70,00 won. However, the Defendant failed to commit an attempted act without having the intent to use the said credit card at

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. E statements;

1. A report on internal investigation (in cases of internal investigation by a suspected victim's card) and an investigation report (in cases of comparison between a mobile phone of a victim and a suspect's mobile phone);

1. Records of seizure and the list of seizure;

1. The defendant alleged that he was aware of his cell phone, and denied the theft crime. However, the defendant continued to possess one month after taking the cell phone. When he was investigated by the investigation agency, he submitted the cell phone to the investigation agency only when he was identified as the suspect of this case, and submitted the cell phone to the investigation agency, and did not have any effort to return it to the owner. The defendant attempted to pay the proceeds by the credit card located in the above mobile phone case after taking the thief crime, and attempted to pay the proceeds by the credit card in the above mobile phone case after taking the thief crime, and the crime was committed, and the cell phone owned by the defendant and the victim are different from white and test in the investigation agency.