1. 절도 피고인은 2014. 7. 3. 20:45 경 자전거 동호회에서 알게 된 피해자 B의 주거지인 대구 달서구 C 202호에서 자전거 용품 등이 부착된 피해자 소유 시가 7,159,970원 상당 자전거( 첼로 엘리엇) 1대, 시가 32,000원 상당 자전거 바 테이프 1개, 시가 51,040원 상당 조끼 1점, 시가 179,000원 상당 가방 1개, 시가 240,000원 상당 이어폰 1개 합계 7,662,010원 상당 재물을 가지고 나왔다.

Accordingly, the defendant stolen the above victim's property.

2. On July 9, 2014, the Defendant: (a) reported to the effect that “E”, “E,” the victim F, purchased the rear wheels of the bicycle,” the victim, and (b) told the victim to the effect that “on deposit of KRW 500,00,00,000, the Defendant would send the rear wheels of the showa bicycle to a door.”

However, the defendant did not have the rear wheels of the above bicycle, so even if he received KRW 500,00 from the injured party, he did not have the intention or ability to sell it.

As such, the Defendant, by deceiving the said victim, received KRW 500,00 from the said victim to the one bank account (G) in the name of the Defendant on the same day.

Accordingly, the defendant, by deceiving the above victim, acquired the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against F and B;

1. Details of text messages dialogues and account transfers;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. The rationale for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the victim returned the amount of damage to F and made efforts to return the bicycle to F and the victim B are favorable to the defendant.

And it is very important that the case is very serious.

It is not visible.

However, the criminal records of the defendant (two times of suspended sentence of imprisonment), in particular, the criminal records of the defendant.