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(영문) 서울중앙지방법원 2016.07.15 2016고단3457
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 4, 2016, the Defendant stolen the victim’s work at the victim E’s home in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (D 310) with one straw PC equivalent to KRW 1,200,000 and one straw PC equivalent to the market value of KRW 3.50,000,000, in a separate room.

2. On May 8, 2016, at a place where it is difficult to identify the place, the Defendant: (a) made a false statement to the purport that “When sending KRW 30,00 to the victim, he/she would want to find out the Nopt North Korea and the Blue PC” to the victim; and (b) received KRW 30,00 from the victim to the Defendant’s Saemaul Bank Account (F).

However, even if the defendant received the above money, he did not have the intent or ability to locate the above things.

Ultimately, the Defendant was given KRW 30,00 from the victim by deceiving the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Each investigation report (No. 2, 3, 4, 6, and 8 of the evidence list) (the defendant's defense counsel did not transfer 30,000 won by the defendant's deception because the injured party's deception did not transfer 30,000 won by the defendant's deception, and even if there was a family deception, there was no relation between

The argument is asserted.

According to the above evidence, it is recognized that the victim believed the defendant's false words and remitted 30,000 won to the defendant, i.e., the victim 30,000 won in cash and 30,000 won to find and return the Nowon-gu and the Bloet PC. Thus, the above defense counsel's assertion is not accepted.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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