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(영문) 인천지방법원 2016.09.09 2016고단2870
절도등
Text

In four months of imprisonment with prison labor for larceny, a fine of KRW 2,00,000 shall be imposed on the crime of fraud in the judgment.

Reasons

Punishment of the crime

On April 29, 2016, Defendant 2870 was sentenced to imprisonment with prison labor for larceny in this court on April 29, 2016 and the above judgment became final and conclusive on May 10, 2016.

On May 5, 2016, the Defendant, at around 20:10, 2016, contained 32,150 won of the market price, including 1 gambling, 6,990 won, 1 factoring, 1 factoring, 5,980 won of 4,780 won, which was displayed by the victim E of the 1st floor underground department of D department department D, which was located in Nam-gu Incheon Metropolitan City. The Defendant stolen the Defendant, with materials equivalent to the sum of 32,150 won of the market price, such as the 1string, 14,400 won of 4,780 won.

On May 24, 2016, Defendant 2016, Defendant 2, at around 20:00, ordered Defendant 1, an employee, as if he would normally pay the food cost at “mar restaurant” in the operation of Victim H in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and ordered Defendant 2 to food.

However, the defendant did not have any intention or ability to pay the price even if he received food from I because he did not have money.

Nevertheless, the defendant deceiving I as above and received food equivalent to KRW 94,080 in total from the victim I.

Summary of Evidence

2016 Highest 2870

1. Statement by the defendant in court;

1. Each written statement of E and J;

1. Photographs of damaged articles;

1. Investigation report (cases concerning recovery of damaged articles and unexploitable articles);

1. Previous convictions in judgment: Inquiry of criminal history and investigation report (the confirmation of the previous convictions in the same offense) 2016 order 3342;

1. Partial statement of the defendant;

1. Application of I’s written statements and interim laws and regulations;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absent point, choice of imprisonment, and option of punishment) concerning the facts constituting an offense, and Article 347 (1) of the Criminal Act (absent point and choice of fines);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the same Act shall be limited to larceny and larceny between the criminal records entered in the judgment which became final and conclusive;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1.Article 62(1) of the Criminal Code of the Republic of Korea;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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