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(영문) 서울중앙지방법원 2015.04.30 2014고단7391
절도등
Text

1. As to the crime No. 1 in the judgment of the defendant, a fine of three million won shall be imposed on the crime No. 2 in the judgment of the court below.

Reasons

Punishment of the crime

On September 14, 2014, at around 13:50 on September 14, 2014, the Defendant stolen female-use bags worth KRW 8,870,000 in the market price managed by the victim E, who was in the display stand in Gangnam-gu Seoul, by inserting the gap in surveillance at D stores located in Gangnam-gu Seoul.

The crime No. 2: The defendant was sentenced to imprisonment with prison labor for larceny for 8 months from the Jung-gu District Court Goyang Branch on August 29, 2014 and the judgment on September 5, 2014 became final and conclusive on September 5, 2014.

【Criminal Facts】

Around 12:30 on May 17, 2014, the Defendant drafted an application for change of the device at H agency operated by the victim G in Busan Jung-gu, Busan, stating that “The Defendant uses the Y number, which is a SK Portable Telephone, and wishes to change the device to the gallon juth 3 NAN and pay the fee in installments.”

However, in fact, as a person of bad credit standing at the time, he could not open the mobile phone normally, and only intended to sell the above mobile phone to a third party, and did not have the intention or ability to pay the mobile phone installments at the time.

The Defendant, by deceiving the victim as above, obtained one galtho thaltho in the market value of 790,000 won owned by the victim from the victim and obtained it from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Previous convictions: Criminal records and application of the search Acts and subordinate statutes of Supreme Court B;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Crimes No. 1: Article 329 of the Criminal Act; Selection of a fine

B. Crimes No. 2: Article 347(1) of the Criminal Act; Selection of fine

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the first sentence of Article 39 (2) and the first sentence of Article 39 (1) of the Criminal Act to treat concurrent crimes (

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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