Cases
2016 Highest 3636 thief, Fraud
Defendant
A
Prosecutor
Maximum leap (Lawsuits) and Park Gyeong-nam (Trial)
Defense Counsel
Attorney B (Korean National Assembly)
Imposition of Judgment
March 17, 2017
Text
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
The defendant shall be subject to probation and shall be ordered to provide community service for 80 hours. The seized answer bags (proof No. 1) shall be returned to the victim Park ○○, while the victim's estimated cover (proof No. 5) shall be returned to the victim Park ○, respectively.
Reasons
Criminal History Office
1. Larceny;
On June 12, 2016, the Defendant: (a) around 13:28, 2016, at the 7th floor Scenna City Scam Scam, which was located in Sungwon-si, Sungwon-si, Sungwon-si, the victim Kim Jong-○ received a marriage congratulatory money; and (b) stored it in the Scennax, and then stolen 35 stable bags containing cash amounting to KRW 2,100,000, the victim’s possession.
2. Fraud;
A. On October 9, 2016, at around 11:05, the Defendant: (a) obtained a copy of the answer bags containing KRW 10,000 from the victim’s cash, and acquired a copy of the answer bags containing KRW 10,000 from the victim’s cash, as if the Defendant were aware that the victim’s name was under receipt of the money for congratulations on the part of the new ditch, without any connection with the mixed owners; and (b) obtained a copy of the answer bags containing KRW 10,00,00 from the victim’s cash.
B. On October 9, 2016, around 13:30 on October 9, 2016, the Defendant: (a) received a copy of the answer bags containing KRW 10,000 in cash from the ○○○○○○○ of the victim who received the money from the new father and received the money from the new father, and acquired it by deception.
C. On October 9, 2016, around 13:40 on October 9, 2016, the Defendant obtained the Femination right equivalent to KRW 27,500 in the market price, and acquired the Femination right, in fact, from the Memin Cho Jong-hun who was receiving the money from the regular side of the femination of the femination.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of the witness ○○;
1. Statement made by the police at ○○○ and each police station on a moving-in vessel;
1. A regular statement;
1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure (No. 1, 5).
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 329 of the Criminal Code, Article 347(1) of the Criminal Code and Article 347(1) of the Criminal Code (Fraud).
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Suspension of execution;
Article 62(1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below)
1. Probation and community service order;
Article 62-2 of the Criminal Act
1. Return to a victim;
The reason for sentencing under Article 333(1) of the Criminal Procedure Act lies in the criminal records of the same kind not less than 10 times including the punishment. On the other hand, the defendant paid 3 million won to the victim Kim○○○ and 200,000 won to the victim's regular rules, respectively, and the damage was restored in considerable part by agreement with the above victims. In addition, in consideration of the defendant's age, environment, means and consequence of the crime, various sentencing conditions specified in the records and arguments, the
Judges
Judges Choi Ho-ok