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(영문) 대구지방법원 2014.07.17 2013고단899
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around 18:00 on November 5, 2012, the Defendant cut off the victims’ property to cut off 30,000 won in total and 6 of 30,000 won of the market price of the container in Daegu Dong-gu, Daegu-gu, Daegu-gu, and cut off 30,000 won of each 3 locks owned by the victims E and F, thereby destroying the victims’ property, and cut off 60 bit 600 of the market price of the victim E-owned in the container.

around 14:00 on November 9, 2012, the Defendant made a false statement to the effect that “B is engaged in distribution business, 6.50 and 2 employees are offered as security,” and that “I will pay the principal by the end of November 2012, 200,000 won per month if I lend KRW 28 million.” The Defendant made a false statement to the effect that “I will pay the principal by the end of November 2012.”

However, there was no authority to provide the goods as security because they were owned by another person who stolen on November 5, 2012, and there was no intention or ability to pay the interest promised, or to pay the borrowed principal.

The Defendant, as such, by deceiving the victim, received money from the victim to the Daegu Bank Account (K) account under the name of the J as designated by the Defendant on the same day.

Summary of Evidence

"2013 Highest 899"

1. Partial statement of the defendant;

1. Each legal statement of witness E, L and F;

1. A copy of a bankbook, a cargo storage contract, and a safety account service;

1. Reporting on investigation (to hear relative statements of cargo articles) 2014No2341;

1. Partial statement of the defendant;

1. Copies of each protocol of examination of the witness (E, L, F);

1. Statement of the police statement related H;

1. Application of a copy of the loan certificate and a copy of the bankbook;

1. Relevant Article of the Criminal Act and Articles 329, 347 (1), and 366 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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