A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2018 Highest 384] The Defendant collected 490,000 won in cash from a small credit cooperative located in the first floor smoking room at around December 26, 2017, in front of the screen golf course for the operation of the victim D in Seo-jin-gu Seoul Special Metropolitan City on December 26, 2017.

They go back.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

[2018 Highest 890] On October 16, 2017, the Defendant stated that “The Defendant shall install the G air conditioner to the victim” operated by the victim F of the victim F in the Geumcheon-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on October 16, 2017, “The Defendant shall install the G air conditioner,” and “The principal shall be repaid upon receiving the construction payment after three months.”

However, in fact, the defendant did not think that he would receive money from the injured party to use it as living expenses, etc., and did not have any other way to install G Air-conditioning, and even if he did not borrow money from the injured party due to the absence of any other revenue or property, there was no intention or ability to pay the interest or principal three months later.

Nevertheless, the defendant deceivings the victim as above and acquired 15 million won through the Saemaul Treasury Account (H) in the name of the defendant on the same day from the victim.

Summary of Evidence

[2018 Highest 384]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Confirmation of investigation reports (Attachment of the contents of Kax dialogue), sunset, and time of sunrise;

1. CCTV photographs and other on-site photographs (2018 high group 890);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (Analysis of financial data of a seizure warrant) and a criminal investigation report (an investigation into the suspect's economic capability to redeem the warrant);

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Relevant Article 330 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of larceny of intrusion upon a structure at night) to the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.