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(영문) 창원지방법원 2017.03.17 2016고단3636

절도등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 12, 2016, around 13:28, the Defendant stolen 35 stable bags containing cash amounting to KRW 2,100,00 which are the victim’s possession, at the F wedding hall 7 story in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si. G received the amount of marriage congratulatory money and put the victim’s G into the eropox, and then cut 35 stable bags with cash amounting to KRW 2,100.

2. Fraud;

A. At around 11:05 on October 9, 2016, the Defendant: (a) by deceiving the victim as if he were using an empty bag stating “H” on the surface of the part of the victim’s name who was in receipt of a stable of the new ditch; and (b) by deceiving the victim as if he had paid a stable; (c) by receiving one copy of the answer bag containing KRW 10,000 from the victim of the damage in cash.

B. On October 9, 2016, at around 13:30 on October 9, 2016, the Defendant obtained a copy of the answer-based gold bag containing KRW 10,000 in cash from the victim C who received the money from the new father, and acquired it by deception, even though the facts were not related to the previous father’s mixed state. The Defendant obtained a copy of the answer-based gold bag containing KRW 10,000 in cash from the victim C.

(c)

At around 13:40 on October 9, 2016, the Defendant obtained a large-scale cover of KRW 27,500 at the market price from the mixed-type K K where the Defendant received money of the victim D, and obtained a large-scale cover of KRW 27,500 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement made by a witness L;

1. Each police statement protocol against C and M;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the protocol of seizure and the list of seizure (No. 1 and 5 No.);

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment for the crime (a point of intention) and Article 347 (1) of the Criminal Act (a point of fraud) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.