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A defendant shall be punished by imprisonment for two years.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
"200 Highest 2249"
1. The Defendant stolen the victims’ property, respectively, as follows.
On December 27, 2019, the Defendant: (a) around 03:20 on December 27, 2019, up to 03:20 on December 27, 2019, took advantage of the gaps in the “E” located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and took advantage of the gaps in which the victim F is locked; (b) took off the clothes gate in the part of the victim’s hand; (c) took advantage of this, took off the clothes gate; and (d) took off the cell phone 1,300,000 won in total, including the market price of the victim’s possession, 50,000 won in cash, 1,350,000 won in total, and school personnel identification card.
B. On January 8, 2020, the Defendant committed the crime on January 8, 2020, No. 1-A around 04:00.
Using the gaps in which the victim H is locked at the place described in the port, the victim owned a cell phone with one cell phone equivalent to KRW 1,200,000.
C. The Defendant committed the crime on January 14, 2020: (a) around 06:05, around 14, 2020.
In the place described in the port, the victim I kept one cell phone with the market value of 950,000 won, which is the victim's possession in charge of the victim's head by using the gaps in which the victim I is divingd.
2. Fraud by using computers, etc.;
A. At around December 27, 2019, the Defendant committed the crime in December 27, 2019, set forth in subparagraph 1-A in the Yeonsu-gu Incheon Metropolitan City J apartment shopping mall around 03:44, Dec. 27, 2019.
The F facts charged and crime sight list, which were stolen as stated in the paragraph, include the thief victim and the cellular phone owner or the core chip owner as the victim.
However, it is reasonable to view that the victim of the crime of fraud by using computers is the other party to the electronic commerce that provides the defendant with a content, etc.
(See Supreme Court Decision 2006Do2704 Decided March 15, 2007). Accordingly, “victim” on each list of crimes related to fraud by using computers shall be deemed to be a “victim or mobile phone owner,” and “defluence” shall be deemed to be “victim or mobile phone owner,” “purchase details”, or “victims”, etc. purchased by the Defendant, respectively.