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(영문) 부산지방법원 2016.04.19 2016고단870
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor by obstructing the performance of official duties at the Seoul Northern District Court, and completed the execution of the sentence at the Sungdong detention center on September 24, 2015.

1. On November 20, 2015, the Defendant: (a) around 01:34, 2015, at the “D” funeral ceremony office where the Defendant was working for the Defendant, the Defendant: (b) carried out one of the two keys in cash owned by the Victim E; (c) the FM5 vehicle capacity of the said Victim’s possession, one of the two keys, and (d) driven the said Victim’s possession at the first floor underground parking lot of the funeral hall by using the said key, and (c) driven the said Defendant’s vehicle in excess of KRW 12 million at the market price of the said Victim’s possession.

Accordingly, the Defendant stolen property equivalent to the total amount of KRW 14 million in the market price.

2. On November 20, 2015, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving the car volume stated in paragraph (1) at a section of approximately 400 km to the adjacent road of the 647 km of the members in the front of the funeral ceremony underground parking lot as stated in paragraph (1) without obtaining a driver’s license on November 20, 2015.

3. On November 22, 2015, the Defendant: (a) around 01:40, the Victim H operation of the G building 301 at Silung City Building 301, performed as if he did not have the intent or ability to pay the amount of fact; (b) the Defendant ordered the alcohol and the alcohol to pay it; and (c) the Defendant received from the injured party the order the amount of alcohol and the alcohol amounting to KRW 200,000 at the market price of KRW 1 Byung and the market price of KRW 35,00,000 at the market price after being provided with one (1) the city with which the market price of KRW 2,35,000 was KRW 35,00 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by H;

1. A protocol of seizure and a list of seizure;

1. Investigation report (a photograph by cutting off CCTV images recorded at the scene of a crime);

1. Response to a request for appraisal;

1. The driver's license ledger (practice license);

1. Previous convictions indicated in judgment: An investigation report (report on confirmation of repeated crimes), inquiry about criminal history, and application of statutes;

1. Article 329 of the Criminal Act applicable to the crime and Article 329 of the choice of punishment (the intention of Section 3) of the Criminal Act;

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