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(영문) 의정부지방법원 2019.03.28 2017고단3159
특수절도등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The Defendants, at around 04:00 on March 3, 2017, found a bank that contains KRW 520,000,000 in cash owned by the victim E, male walletet, male seat tag, watcher name, identification card, etc., on the victim E, which is located on the DKa P.C., the Government-si around March 3, 2017.

As a result, the defendants stolen the victim's property together.

The Defendant, on December 22, 2015, 2015, at “G” mobile phone sales stores located in Jung-gu Seoul, Jung-gu, Seoul, by means of preparing and submitting a “new service contract” as if he would pay the said payment to the victim company at a 36-month rate (36 months’ rate), and acquired the victim’s property worth KRW 2,189,800 by deceiving the victim by receiving one television of KRW 50,000, a total amount of KRW 89,80,000 from the victim company and deceiving the victim by deceiving the victim.

Summary of Evidence

"2017 Highest 3159"

1. Defendants’ respective legal statements

1. E statements;

1. Photographs photographs of damaged articles, and photographs of seized articles;

1. Data to cut off CCTV at the scene of a crime committed by suspects;

1. Protocol of seizure "2018 Highest 4837";

1. Defendant A’s legal statement

1. Copy of the statement made to I by the police;

1. Written Statement;

1. A new service contract;

1. Application of Acts and subordinate statutes governing credit information history;

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

A. Defendant A: Article 331(2) and (1) of the Criminal Act (the point of special larceny) and Article 347(1) of the Criminal Act (the point of fraud and the choice of imprisonment)

B. Defendant B: Article 331(2) and (1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) of the suspended sentence;

1. The scope of punishment by law;

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