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(영문) 서울동부지방법원 2017.09.01 2014고단1095
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the charge of larceny is acquitted.

Reasons

Punishment of the crime

[criminal record] On April 8, 2010, the Defendant appealed from the Daejeon District Court Branch of the Daejeon District Court with six months of imprisonment for fraud (the crime No. 1 in its holding) and six months of imprisonment (the crime No. 2 in its holding), and dismissed the appeal from the Daejeon District Court on June 3, 2010 (the crime No. 1 in its holding), six months of imprisonment, and two years of suspended execution (the crime No. 2 in its holding), and completed the execution of the above sentence in the Daejeon District Court on the same day.

[2] Around December 2010, the Defendant: (a) around December 2010, at “H” operated by the Victim G in Jongno-gu Seoul, Jongno-gu, Seoul; (b) there is a need for expenses to find the Victim’s main electronic (I) to be considered.

In the face of the State, the President of the calendar will take a specific object (gold) which is deducted from the non-funds.

Bad money was not necessary, and the daily life expenses and examination expenses of warehouse management employees were frequently changed, and the false statement was made.

However, even if the defendant receives money from the injured party, the defendant did not have the intent or ability to pay for the main electronic (I) and specific goods (gold).

Around December 15, 2010, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the injured party from the said “H” around December 15, 201; (c) and (d) received delivery of KRW 87,660,000 in total over 20 occasions from May 30, 201, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Each legal statement of witness G, J, K, L, and M;

1. Part concerning G statement among the protocol of interrogation of the suspect against the accused in the prosecution (including details of additional account transactions);

1. Statement made by the prosecution with respect to G (including attachment attachment);

1. The details of account transactions among the pocket book, receipt (13 million won related to won), copy of pocket book, and the details of amount issued by G to A;

1. Previous convictions: Criminal history inquiry, personal identification and acceptance status [the defendant and his defense counsel believe the existence of specific goods referred to N et al. and deliver them to the victim as they are, and the victim took part in N et al., thereby deceiving the victim.

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