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(영문) 부산지방법원 2016.05.27 2015고정4335
절도
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 18, 2015, the Defendant was sentenced to imprisonment with prison labor for a two-year period for fraud, etc. in Busan District Court's Dong Branch branch branch, and on December 1, 2015, the above judgment became final and conclusive.

On December 31, 2014, the Defendant issued KRW 101,70,700 to the victim, i.e., the victim, who was an employee, at the convenience store in Busan-gu Busan-gu, Busan-do around 05:45 on December 31, 2014, for the following reasons: (a) three (3) and three (3) personal lines followed by a rarae sport, which had been displayed at the place using a cresh in which the surveillance of the victim D was neglected; and (b) the victim was “the victim was the goods purchased at this point, but not the use of the goods.” (c) The Defendant received from the victim, namely, KRW 101,700 under the pretext of refund.

On February 4, 2015, the Defendant: (a) around 21:23, 2015, at G pharmacy operated by the Victim FF in Busan, Busan, Busan, the Defendant brought three health protection teams displayed at the same time using a gap in surveillance of the victim; and (b) demanded the victim to refund as if he purchased at the same time, and received KRW 90,000 from the victim, i.e., e., refund from the seat., refund from the victim.

Summary of Evidence

"2015 High 4335"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph of a damaged object, CCTV closure photograph " 2016 High 1481";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. CCTV closure photographs;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, copy of the text of the judgment, results of the search of the Konet case, reporting of the previous convictions of each disposition and results of confirmation under statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the fact that the defendant led to confession and reflects each of the crimes in this case, and the method of fraud for which the judgment in the judgment became final and conclusive is the same and the amount of damage in each of the crimes in this case is not significant.

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