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(영문) 대구지방법원 2019.05.28 2018고단5535

절도등

Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

Punishment of the crime

[Criminal Power] On May 19, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House on August 3, 2017.

【Criminal Facts】

"2018 Highest 5535"

1. A theft against the victim B, etc.: (a) around April 16, 2018, at the “D” store operated by the victim B in Busan Metropolitan City, the Defendant stolen the amount of KRW 1,600,000 in cash owned by the victim and KRW 1,931,90 in cash over six occasions from that date until July 8, 2018; and (b) from that date, the Defendant stolen the amount of KRW 1,931,90 in cash over six times, as indicated in the attached list of crimes (1).

"2019 Highest 302"

2. On November 16, 2018, around 14:00 on the part of the Defendant against the victim E, etc., the Defendant displayed the “H” screen, which is a display of the content of remittance, to the effect that “G”, a clothing store operator and the victim, would purchase goods and pay the price by account transfer,” from “G”, a clothing store operator and the victim, which is located in the Jung-gu Daegu-gu Seoul Metropolitan Government F.

However, the defendant did not have made a deposit to the victim, and only shown the screen that was irrelevant to the transaction with the victim in order to keep the amount of damage as the amount of damage was deposited, and there was no intention or ability to pay the amount to the victim from the beginning.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received three clothing points equivalent to the total market value of 78,000 won from the victim, and from around that time to around November 30 of the same year, received property worth KRW 621,000 in total market value from the victims four times, such as the list of crimes in attached Form (2).

3. Around 12:00 on December 4, 2018, the Defendant, who attempted to commit fraud against the victim I, displayed a SP message stating that “to purchase goods and pay the price by account transfer” to L who is an employee and that the account transfer has been completed.

However, the defendant.