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(영문) 부산지방법원 2016.09.22 2016고단3120
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to imprisonment with prison labor for aiding and abetting fraud at the Changwon District Court on November 26, 2015, and completed the execution of the sentence at the Changwon Prison on December 28, 2015.

1. On May 20, 2016, the Defendant, along with B (the suspension of indictment on the same day), destroyed the plastic case of the above tobacco, and stolen it out of the mate, with the Defendant’s and the Defendant’s damage to the plastic case of the above tobacco, by carrying 4 bits in a kart equivalent to the total market value of the victim, Inc., Ltd., in which the Defendant displayed at the same place, and carrying 200,000 won of the mate, a total of 200,000 won of the market value of the mate, which was displayed at the same place, and by taking advantage of the gaps in which the employees’ surveillance was neglected, destroyed the plastic case of the above tobacco, and then concealed it out of the mate, respectively.

Accordingly, the defendant stolen the victim's property together with B.

2. The Defendant, along with B on May 20, 2016, in the “H convenience store” located in Busan Metropolitan Government B on May 22:18, 2016, the Defendant, even though having not purchased tobacco at the above convenience store, did not want to refund to the victim I (n, 17 years of age) the tobacco that was stolen under the foregoing paragraph (1).

“Along with the purport of the foregoing, the said tobacco was purchased at the convenience store, thereby making a false statement.

The Defendant received 50,000 won in cash from the injured party, i.e., the refund of one cigarette.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

3. On May 20, 2016, the Defendant attempted to commit fraud, along with B, at the “K convenience store” located in the Busan BJ on May 20, 2016, and even if the Defendant did not purchase tobacco at the above convenience store, the Defendant did not sell tobacco at the above convenience store to the Defendant who was an employee L (n, 21 years of age) of the tobacco that was stolen under the foregoing paragraph 1, and made a false statement in the same manner as the foregoing paragraph 2.

The defendant intends to obtain money from the injured party for the purpose of refunding tobacco.

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