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(영문) 광주지방법원 2012.11.09 2012고단4535

특수절도

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. On June 27, 2012, around 05:32, Defendant A and B entered the G scam room managed by the victim F in Gwangju Nam-gu, Gwangju-gu, by pretending to be a customer. After separation of Mascam cable from the main body of the computer, Defendant A made a false statement that there is anything wrong with the victim on the computer. Defendant B had 200,000 won in cash at the credit cooperative in which the victim was on inspection of the said computer.

2. On July 4, 2012, around 08:29, the Defendants combined with the victim I in Gwangju Seo-gu, and called Defendant C and B to be the customer first, and Defendant C would have the front of them enter the rest room in the toilet transition box, and Defendant B would have the entry of the Defendant A, waiting for the space between the rest room and the rest room, and Defendant A had the cash of KRW 149,000 owned by the victim at the credit cooperative located in the open space after receiving the contact.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of I and F

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. former part of Article 37, and Articles 38 (1) 2 and 50 (Defendant A and B) of the Criminal Act among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 (1) and 55 (1) 3 of the Criminal Act (where the accused is a minor, reflects his depth on the instant crime, the frequency and the amount of damage are less

1. Six months of imprisonment for each of the Defendants to be suspended;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (Concurrent consideration of the reason for discretionary mitigation);