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(영문) 부산지방법원 2019.12.4.선고 2019고단4533 판결

절도

Cases

2019 Highest 4533 thief

Defendant

A person shall be appointed.

Prosecutor

Kim Jong-hee (Lawsuits) and Choi-hee (Trial)

Defense Counsel

A person shall be appointed.

Imposition of Judgment

December 4, 2019

Text

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

Reasons

The criminal criminal organization is divided into two categories: (a) whether it is based on a foreign country such as China; (b) the purchase of an unspecified number of personal information; (c) the establishment of an office of the call center; and (d) the establishment of facilities necessary for criminal acts such as Internet telephone network, telephone number operating and managing devices, representative number connection devices; (c) the general responsibility for overall operation and management of the organization; (d) false representation of the victim by calls to many unspecified victims; and (e) the telephone inducement leading victims to keep the money in the storage box, etc. of the subway goods; (d) the cash collection measures that steals money; (e) the remittance of money to foreign countries; and (e) the arrangement measures that invite members.

On September 18, 2019, at least 09: 50 on September 18, 2019, a staff member of the Bosing criminal investigation who is unable to know his name was made by misrepresenting a post office to the victim (the 74 years of age) and called “the card of the party name was issued and used in Japan.” The police station would make contact at the police station. The staff member of the Bosing criminal investigation who was unable to know his name was called “the phone was cut off.” The staff of the Bosing criminal investigation who called the victim again called “the bank to find money from the bank, and stored the money in the storage of goods of the Sosing subway station, and then applied for a new resident registration certificate and re-issue the passbook.”

In this regard, the member withdrawn cash more than two times, and puts cash of 5 million won in cash and cash of 3.8 million won in cash in the storage box of goods at the center of the Busan Metropolitan City's annual system, and delivered this fact to the defendant who was in charge of collecting cash in the atmosphere near the Seosan subway station.

On September 11, 2019: around 52: around 52, the Defendant taken up total of KRW 5 million in cash owned by the victims of the damage from the subway station, and around September 12, 2019: around 27, KRW 880,000,000,000,000,000,000,000,000.

Accordingly, the defendant stolen the victim's property in collusion with the person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Report of internal investigation on the police officer's statement (as to the routes of movement of suspects and the amnesty of crimes);

Application of Statutes

1. Article applicable to criminal facts;

Articles 329 and 30 of the Criminal Act, Selection of Imprisonment

The reason for sentencing is that the defendant entered the Republic of Korea to take a responsibility for collecting cash of the Bophishing crime. The defendant alleged that he was aware that he remitted the company's money. However, considering the fact that the Bophishing organization was cut down the defendant's flight machine tag, the amount of 140,000 won per case, and the conversation on the defendant's mobile phone, it is determined that the defendant was fully aware of what he did.

In light of the fact that it is difficult to see that the defendant is genuinely against the defendant, the damage has not been completely recovered, and it is decided as ordered in light of the defendant's age, character and conduct, environment, motive and circumstance of the crime, and all other circumstances that are conditions for sentencing, such as circumstances after the crime.

Judges

Judges Kim Yong-han