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(영문) 서울중앙지방법원 2018.11.13 2018고정1357

절도등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 27, 2016, the Defendant is expected to use Handphones for the victim D who had been aware of while living together in the old room room room room room room room room room room located in Seoul Jung-gu, Seoul on September 27, 2016.

“A false statement” was made.

However, the facts did not have the intention to return even if they were received from the injured party.

Nevertheless, the Defendant, by deceiving the victim as above, obtained the victim from the damaged party the delivery of the Samsung Tpool Mophone from the market value.

2. On September 27, 2016, the Defendant, using the cell phone of the victim, who was delivered by the same method as that of the above Paragraph 1, around 09:07, carried out a telephone call to the president of the Cudio Telecom as if he was the victim D, and the Defendant, upon finding his her her ties, asked for the key of the 303 key.

At around 09:52 on the same day, the Defendant invaded upon the victim’s residence by entering the key of the 303 room room room room room used by the victim D from the general manager F, and thereby harming the peace of residence.

3. As mentioned in paragraph (2) above, the Defendant: (a) discovered cash of KRW 4,850,000 ( KRW 50,000, KRW 90, KRW 10,000, KRW 35,000, KRW 500, KRW 90,000, KRW 10,000), which the victim had been kept on the scam of the tree head; and (b) stolen it by inserting it in a certified plastic bag.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D and F;

1. Cudio room room contract;

1. Application of Acts and subordinate statutes to screen pictures and CCTV closures at the scene of occurrence;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;