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(영문) 창원지방법원마산지원 2020.10.28 2019고정165
절도등
Text

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

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

Reasons

Punishment of the crime

1. At around 18:56, April 16, 2018, the Defendant: (a) committed theft with a gallony jumop 6 smartphones equivalent to KRW 300,000 in the market value, which is the victim’s possession, located in a toilet in order to shower the shower by the victim D, which was located in a toilet in front of TV, in the Jung-gu Seoul Central Government Building C heading room; and (b) through the luculc gal mix “GG Stockholm.”

2. From April 18, 2018, the Defendant, as described in paragraph (1), cut off the victim’s smartphone and reported it to the victim, and then spread the victim’s personal information of the width on the mobile phone to the victim. The Defendant: (a) reported to the criminal defendant without undergoing an investigation; (b) prepare and send a written statement to the criminal defendant; and (c) continuously transmit a text message to the effect that “I will return the smartphone on the face of five million won; and (d) received 500,000 won from the one bank account (E) in the Defendant’s name on April 20, 2018.”

Accordingly, the defendant was given property by threatening the victim.

1. Defendant's assertion;

A. D put his smartphone into the Defendant’s bank, and after which the Defendant was rapidly engaged in the telecom, there was no intention to steal his smartphone.

B. D’s remittance of money to the Defendant is only a proposal that D first sent.

2. The board shall accept the Defendant’s argument.

A. Some of the contents of text messages sent and received by the Defendant are consistent with the Defendant’s defense.

However, considering the overall context and contents of text messages D, the Defendant mentioned D’s personal information contained in D’s cellular phone after the victim’s phone with the victim’s phone, and D’s act of indecent act by compulsion in the process of finding a mobile phone.

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