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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 9, 2016, around 19:58, the Defendant purchased the victim D’s D Operation E in Eunpyeong-gu Seoul Metropolitan Government, from the gold bank to 1.1 million won by using his/her credit card.
On December 9, 2016, the Defendant visited the said gold room again on December 20, 2016 to sell the gold / her purchased prior to locking.
The defect, the victim decided to purchase 9,50,000 won, and the gold fys and fys and fys and fys and fys and fys and fys and fys and fys and fys and 9,50,000 won in cash, which were on the display site during the preparation of cash.
Accordingly, the Defendant stolen gold 1.1 million won at the market price owned by the victim.
Summary of Evidence
1. Statement made by the police against D;
1. Application of the investigative report (CCTV confirmation and investigation), screen pictures showing the suspect’s criminal scene, and the Acts and subordinate statutes attached to CDs;
1. Article 329 of the Criminal Act and selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant and the defense counsel’s assertion regarding the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (a) at the time of the instant case, the Defendant did not have any intention to larceny by mistake; and (b) there was no intention to larceny; and (c) there was no delivery of gold, and thus, it does not constitute larceny.
The argument is asserted.
However, according to the above evidence, the defendant would sell gold to the victim, and the victim prepared cash in the vicinity of the display site. The defendant is found to have brought about the cash again with the cash delivered by the victim while preparing for cash. Thus, it is determined that the defendant completed the delivery of gold celebling after having declared his/her intention of transfer of ownership, and after having declared his/her intention of transfer of ownership, the defendant laid down gold cele on the display site of the victim.