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(영문) 수원지방법원 2014.07.02 2014고단2870
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 6 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On November 20, 2013, the Defendant was sentenced to four months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on February 22, 2014.

【Criminal Facts】

1. Fraud;

A. On April 15, 2014, around 13:50 on April 15, 2014, the Defendant would return at around 14:00 the following day if the Defendant lent one FK3 passenger car from the Erenk for 24 hours to the victim.

However, the Defendant did not intend to return the vehicle from the beginning, but did not have any intention or ability to return the vehicle. Nevertheless, the Defendant, by deceiving the victim as above, received FK3 Car (18 million won at the market price) and its keys from the victim. (B) On May 1, 2014, the Defendant stated that “If the Defendant borrowed the victim’s car in Hongcheon-gun, Hongcheon-gun G for twenty-four hours, he would return the vehicle to the victim at KRW 10:00 on the following day.”

However, in fact, the defendant had no intention or ability to return the car because he thought that he did not return the car by the victim's refusal to receive the telephone while extending the deadline for returning the car.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a J SP-type passenger car (at the market price of KRW 22 million).

2. The Defendant for theft:

A. From the end of April 2014 to May 18, 2014, at around 22:50 on May 5, 2014, the Defendant was employed as an employee in the “M” restaurant operated by the Victim K, K, 101, and the Defendant was holding the Victim’s fee room in the said restaurant and the Defendant’s cash amounting to KRW 269,000 and NOtobba, which were located in the said restaurant, and the Defendant was able to keep the Victim’s cash amounting to KRW 269,00,00, and the Defendant’s cash amounting to KRW 1,2,4, and 5, in the annual list of crimes committed in the attached Table; and

B. At around May 7, 2014, around 18:00, in the vicinity of the OEM.

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