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(영문) 수원지방법원 2016.10.06 2016고단4695
절도등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2016, the Defendant conspiredd to take part in the crime of one-person C and Bosing criminal organization, who is a Chinese citizen, and one-way Chinese criminal organization, who entered Korea with short-term visit sojourn status (C-3-8) on a short-term visit status (C-3-8).

On August 9, 2016, from around 11:00 to around 16:20, the organization of the instant Bophishing criminal act: (a) misrepresentation of the police officer belonging to the Seoul Regional Police Agency and the investigation of the Seoul Regional Police Agency to the victim E, who resides in Heging-gu D, and (b) misrepresentation of the victim’s identity and display telephone several times, and thus the victim’s identity was exposed; (c) withdrawal of the money deposited in the bank account and keep it inside the house; and (d) identify the location of the place of storage of the aforementioned withdrawn money and the key of the present room from the victim; and (e) instruct the Defendant through the above C to steal the cash that the victim withdrawn

1. On August 9, 2016, the Defendant: (a) had a view to theft of cash stored in the house from the victim E’s house to the point of time; (b) had a entrance door opened with the entrance door and invaded into the house by using the entrance key kept in the front box of the entrance; and (c) had the victim’s residence infringed.

2. The Defendant stolen the said victim’s cash amounting to KRW 30 million, which was kept in a laundry in the said victim’s house laundry at the same time and at the same place, by taking out the cash amounting to KRW 60 million, which was owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs and reports on each investigation;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Articles 319(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) belongs to the elderly victim.

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