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(영문) 인천지방법원 부천지원 2019.09.19 2019고단2551

절도등

Text

The punishment of the accused shall be determined by a year of imprisonment.

The part of the instant prosecution against the victim B is dismissed.

Reasons

Punishment of the crime

1. A thief, around March 8, 2019, the Defendant stolen the victim’s mobile phone XS device in the amount of KRW 1.7 million owned by the victim E, using the gaps that the victim E was locked within the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

2. Fraud;

A. A. On February 3, 2019, the Defendant made a false statement to the victim that “Around February 3, 2019, the Defendant used a cellular phone together with the victim. It is difficult to open the cell phone under the name of an influence credit holder at present. Therefore, the Defendant would pay all of the mobile phone charges and the cost of equipment in the face of opening the cell phone in four names.”

However, at the time, the Defendant did not have any special property or particular income, and it was thought that the mobile phone seller purchased through opening the mobile phone would sell it to the mobile phone seller, so even if opening the mobile phone under the name of the victim, there was no intention or ability to pay the mobile phone charges, etc. normally.

On February 3, 2019, at around 10:00 on February 3, 2019, the Defendant was issued one mobile phone device with a market value equivalent to KRW 1.5 million, which was opened in the name of the victim at a H store located within the Michuhol-gu Incheon Metropolitan City F Prize from the victim.

(2) On February 16, 2019, the Defendant made a false statement to the victim stating that “Around February 16, 2019, the fixed amount of the cell phone opening at a time cannot be broken and used. A change in the mobile phone openings once more. It will pay all the mobile phone charges and equipment charges.”

However, at the time, the Defendant did not have any special property or particular income, and it was thought that the mobile phone seller purchased through opening the mobile phone would sell it to the mobile phone seller, so even if opening the mobile phone under the name of the victim, there was no intention or ability to pay the mobile phone charges, etc. normally.

As above, the Defendant made a false statement, and from February 16, 2019, Incheon around 16:00.