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(영문) 창원지방법원 2017.11.07 2017고단3262
절도등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A thief: (a) around 11:0 on October 2016, the Defendant: (b) at the 111:00 university in Changwon-si, Changwon-si, Changwon-si; (c) at the second reading room in the 2nd reading room in the Gyeongnam-si, Gyeongnam-do; (d) at the victim’s public book, the Defendant stolen: (a) committed a theft by 30,000 won in cash; (b) one copy of a driver’s license; and (c) one copy of the registration certificate; and (d) one copy of the Nong Ka-gu, Agricultural Cooperative’s physical card for combined use of student identification; and (b) stolen the above wall by putting the 140,000 won in front of the market price on his/her book; and (c) committed a theft of property from the victims three times in total from around June 21, 2017.

2. On December 12, 2012, the Defendant, at around 19:00, obtained one copy of the resident registration certificate owned by the victim D, agricultural cooperative C, one card, one card, one card, and one maritime point card, one card from Busan Bank, and one card.

Defendant 1 did not take necessary procedures, such as returning the goods acquired as above to the victim, and did so from June 9, 2017 to June 30, 2017, the victims thought that 6 victims have lost the lost property, such as the case where the list of crimes (Embezzlement of possession) was taken from June 9, 2017.

As a result, the defendant embezzled the assets that have been separated from the occupation of the victims.

Summary of Evidence

Application of the police statements to the victims of legal statements by the defendant, the written statement of the victims, and the statute of seizure

1. Article 329 of the Criminal Act (a point of intention) and Article 360 of the Criminal Act concerning the facts constituting an offense;

2. Selection of an alternative fine (not less than the amount of damage, most damaged articles have been returned, and considering the fact that the defendant has no same criminal record);

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

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

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