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(영문) 서울중앙지방법원 2014.06.20 2014고단83

특수절도등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B On January 12, 2012, the Seoul Northern District Court has been sentenced to three years of imprisonment for a crime of fraud at the Seoul Northern District Court, and the judgment on the 20th of the same month has become final and conclusive and is still under probation.

[2014 Highest83]

1. The Defendants’ co-principal

A. At around 13:00 on December 21, 2013, the Defendants: (a) presented 30 (so-called “E” store located in Jung-gu, Seoul, Jung-gu; (b) the third floor of the name department store “E” store in the third floor of the name department store; (c) demanded the victim F, the manager of the relevant location to refund it; (d) caused the disturbance to avoid disturbance; and (e) distributed the victim’s vision by avoiding disturbance; and (e) Defendant B stolen the property managed by the victim by jointly putting one E Belgium at the display stand using the gap where the victim’s surveillance was neglected; and (e) Defendant B stolen the property at the market price of KRW 1,692,000, which was located in the display stand by the act of the said Defendant A.

B. The Defendants’ fraud is above.

As described in paragraph (1), the Belgium stolens, and received refund from other stores by using it, and collected the money in installments. On December 21, 2013, around 15:00, the galsian department stores located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for G (32 years of age) whose employees were located in G(32 years of age) at the galsian department store E store located in the third floor E store located in the galsian department store located in Gangnam-gu, Gangnam-gu, Seoul, and presented the Belgium as if they were normally purchased, which was the gift.

In order to avoid refund, false statement was made, thereby misunderstanding that the above labelling was a normal product sold at the above store through G, through which he received cash of KRW 1,692,00 from the victim H who operated the store, and acquired it by fraud.

2. The sole criminal conduct of Defendant A;

A. On August 2013, 2013, the Defendant, at the galgalian department shop, destroyed the Belgium, purchased at the victim G, who was an employee of the place, at the galgalian department store’s third floor “E” store.

A/S has changed due to sound, making the noise difficult to avoid disturbance.

The victim is the victim.