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(영문) 울산지방법원 2020.10.30.선고 2020고단4183 판결

절도배상명령신청

Cases

200 Highest 4183 thief

20 early 1184 Application for a compensation order

Defendant

Park Jong-Defendant, 90-years, South, and North

Busan

Prosecutor

Kim U.S. (Public Prosecution) and Lee Jong-ho (Public trial)

Defense Counsel

Attorney Kim Kim (Korean National University)

Applicant for Compensation

Dominated Damage

Imposition of Judgment

October 30, 2020

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized gallon lusium7 (No. 1) shall be forfeited.

The seized 18K's 18K's lap (No. 3) shall be returned to the victim Kim Jong-ran, and a letter 28(No. 28) paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper.

The defendant shall pay 5,320,000 won to the applicant for compensation. The above compensation order may be provisionally executed.

Reasons

Criminal facts

In early August 2020, the Defendant and the lowest public official are as if the last public official purchased precious metals from the seller who posted precious metal sales writing on the Internet bulletin board. The Defendant and the lowest public official entices the seller to send the door-to-door sales box through the convenience store where the door-to-door sales engine such as post office is neglected at the latest time when the door-to-door sales engine is closed, and solicits the seller to send the door-to-door sales box. If the last public official sent the Defendant the type of convenience store indicated in the invoice to the mobile phone at the location of the seller’s domicile, the Defendant took care of the above kind of convenience store located in the vicinity of the seller’s domicile and added the convenience store to the seller’s door-to-door sales store, and solicited the employees to take out precious metals generated in the door-to-door sales box by getting the door-to-door sales box.

On September 13, 2020, according to the above public offering, the maximum public official will call to the victim Lee Ho-ho, who posted the gold bullion sales paper on the NAB Gaba, and will send the proceeds to the victim Lee Ho-ho. If he received the delivery at the convenience store "the victim Lee Ho-ho" and then sent the delivery note, he will send the proceeds to the victim. If he does not send the proceeds after receiving the delivery, he will be able to cancel the receipt of the delivery on the following day, so he will not send the delivery to the victim Lee Il-ho, Daegu-gu CU convenience store, 20:36 on the same day. The defendant should get this ○○ to receive the above gold paper from 18:0,00 and sent it to 2:00 times, and the defendant received the delivery delivery from the victim Lee Ho-ho, with the "CU convenience" marked on the transportation invoice and the address of the victim Lee Ho-ho, and the defendant should have received the money and valuables from the victim Lee Ho-ho-ho.

As above, the Defendant, in collusion with the maximum criminal intent, stolen the victim’s property from September 16, 202 to September 16, 202, including the theft of the victim’s property set forth in the annexed crime list.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 329 and 30 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Return:

Article 333(1) of the Criminal Procedure Act

1. Delivery;

Article 333(2) of the Criminal Procedure Act

1. Orders for compensation and sentence of provisional execution;

Articles 25(1), 31(1), 21(1), 2, and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (cited only 5.320,000 won subtracting 2.80,000 won delivered to an applicant for compensation who seeks payment from 5.6 million won)

The reason for sentencing is favorable to the defendant who led to the crime of this case. However, it is inevitable to impose a sentence on the defendant in that the defendant committed a theft of the victim's property at least four times by sharing his best official duties and did not recover damage. In addition, the defendant's age, environment, criminal records, motive for the crime, means and consequence of the crime, etc. shall be determined as ordered by taking into account various factors of sentencing, including the defendant's age, environment, criminal records, motive

Judges

Judges Kim Gin-Un