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Reasons
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(영문) 대구지방법원 2016.08.10 2016고단874
절도등
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On June 15, 2012, the Defendant was sentenced to two years and six months of imprisonment for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.) in the support for the development of the source of Suwon method, and completed the execution of the sentence on November 30, 2014.

On January 24, 2016, the Defendant: (a) discovered the Victim E who passed the front of the D in Daegu Jung-gu, Daegu-gu, about 50 meters on the road; and (b) accessed about 50 meters, then cut off the victim’s cash amounting to KRW 42,00,00; (c) one gate of a head equivalent to KRW 30,000,000; and (d) one Samsung mobile phone (SW-A300K) with a market price of KRW 300,000,000, in the market price of KRW 450,000,000.

On December 24, 2015, the Defendant, “2016 Highest 1494,” connects NAV, an Internet site, to the “highest Republic of Korea,” and calls for a bulletin board to the victim F and G, who reported and contacted the message, by setting up a notice to sell the former NAV card, and sending the former POV card to G.

The phrase “ makes a false statement.”

However, even if the defendant received money from the victims, it was thought that it was used for the cost of living, so there was no intention or ability to sell the old letter card to the victims.

The Defendant received KRW 62,00 from the victim F to the Agricultural Cooperative (H) account in the name of the Defendant on the same day, and acquired KRW 60,000 from the victim G to the above account on December 25, 2015, respectively.

Summary of Evidence

"2016 Highest 874"

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Investigation report (related to CCTV photographs for the purpose of crime prevention), investigation report (related to the attachment of seized photographs), 2016 Height 1494;

1. Statement by the defendant in court;

1. Each written petition and each written statement;

1. The details of each account (a separate account) and the contents of the Kakao Stockholm message “previous record”;

1. References to inquiries, such as criminal history, investigation reports (suspects repeated crimes).

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