(영문) 인천지방법원 2021.3.17. 선고 2019고단8978 판결

He/she shall have jurisdiction over the background of completion, the completion of the examination, the date of the trial, the date of the trial, the indictment (prosecution)

Defense Counsel

Attorney Jeong-sung (Korean)

Imposition of Judgment

March 17, 2021

Text

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

Reasons

Punishment of the crime

"2019 Highest 8978"

On August 5, 2019, at around 22:43, the Defendant opened a head door for a car operation owned by the victim C, which was parked in front of the building of the Namdong-gu Incheon Metropolitan City B apartment building, and cut off approximately KRW 1.3 million in cash, which was located on the victim’s wall, and stolen it.

"200 Highest 678"

1. Crimes committed on August 16, 2019;

On August 16, 2019, at around 03:57, the Defendant found that, at the second floor parking lot of the Michuhol-gu Incheon, Incheon E-S-gu, the vehicle of H-to-purd motor vehicle parked by the victim G is not corrected, the Defendant opened a vehicle and entered the vehicle into the vehicle and stolen the vehicle with the cash worth of KRW 530,000,000, which is owned by the victim, located in the front line.

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

2. Crimes committed on August 17, 2019;

At around 02:10 on August 17, 2019, the Defendant found that there was no correction of the tea of JWz car parked with F along with F at the places specified in paragraph (1) of this Article, and that the Defendant opened a door and entered the vehicle into the vehicle and stolen it with cash of KRW 10 million, which is the victim’s possession, located in the next storage of the driver’s seat.

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

3. Crimes committed on November 21, 2019.

At around 02:00 on November 21, 2019, the Defendant found that there was no correction of the car text of the NFFF car parkeded by the victim M in the parking lot, and that the Defendant opened a door and entered the car into the passenger car and stolen it with a total of KRW 1.1 million, including 10,000 won cashier’s checks and cash KRW 100,000,000,000, which are owned by the victim.

"200 Highest 2821"

1. Suppression;

The defendant, who is a student in the sixth year of elementary school, was aware of while together with the victim'sO (math, 12 years of age) (math, 12 years of age).

On January 1, 2020, the Defendant was found to have issued tobacco to the victim to the victim in his first place. The Defendant paid a fine of KRW 3,000,000 to the victim. If not, he would have known to the parents.

The Defendant received 13,000 won in cash on the same day from the victim of fage, and around 12:00 in cash on the 15th of the same month, and 1,300,000 won in the market price, and 1,300,000 won in cash on the 15th of the same month.

Accordingly, the defendant was given property by threatening the victim.

2. Fraud;

On January 21, 2020, the Defendant, at the Michuhol-gu Incheon P department department store, concluded that the Defendant would sell and think to use the P department store, even if purchasing the P department store, and that the Defendant would give back the money left over after purchasing the clothes to the victim R with mental disorder 3 although there is no intention or ability to return profits to the victim, and then had the victim purchase the P department store in the name of the victim's mother credit card in the name of the victim, and received the delivery.

Accordingly, the defendant was given property by deceiving the victim.

[200 Highest 5519]

1. Crimes on January 13, 2020;

피고인은 2020. 1. 13.경 인터넷 중고물품 거래 사이트인 'S'에 피해자 T(남, 17세)가 중고 스캇포일 로드자전거를 280만 원에 판매한다는 글을 보고 피해자에게 연락하여 직거래를 하기로 한 후, 같은 날 12:10경 인천 미추홀구 예술로 85에 있는 인천터미널역 1번 출구 앞에서 피해자를 만나 시운전을 할 것처럼 피해자로부터 자전거를 넘겨받은 다음 그 자전거를 타고 그대로 도망가 버리는 방법으로 피해자의 소유인 중고 자전거 1대를 절취하였다.

2. Crimes on January 14, 2020;

On January 14, 2020, the Defendant: (a) reported that U (Nam and 16 years of age) used to sell a medium amount of 180,000,000 won among the victims, and decided to contact the victims to conduct direct trade; (b) then, around 15:10 of the same day, the Defendant took the victim over his bicycle from the victim as if the victim was her in front of the exit 66, as in the city of Yeonsu-gu Incheon Metropolitan City, and then, (c) committed a theft of the bicycle by getting out of the victim’s possession and throw away the bicycle as it is, and (d) took the victim’s escape.

"200 Highest 8126"

1. Fraud;

In December 18, 2019, the Defendant stated that the Defendant would have the victim R receive money from the victim by opening the mobile phone in the name of the victim. However, in fact, the Defendant thought that the Defendant used small-sum settlement, etc. by opening the mobile phone in the name of the victim and used the mobile phone as living expenses, etc., and did not have the intent or ability to pay money to the victim even if the Defendant received the mobile phone from the victim.

Nevertheless, on January 9, 2020, the Defendant deceivings the victim by receiving two cell phones of the sum of KRW 3,795,000 from the victim, including by receiving one cell phone (W) equivalent to KRW 2,398,000, which was opened in the name of the victim from the victim, and by the same method around January 18, 2020, one cell phone (W) equivalent to KRW 1,397,000, which was opened in the name of the victim from the victim.

2. Fraud by using computers, etc.;

On January 20, 2020, the Defendant, using mobile phone (W) by deceiving the victim as described in paragraph (1), had access to the previous franchising franchising without the consent of the victim, and had paid KRW 110,000 by purchasing franchising games of 'X' and inputting it into the settlement window by obtaining a small-sum payment certification number from the victim. From March 2, 2020 to March 2, 2020, the Defendant obtained financial benefits equivalent to the same amount by inputting the total sum of KRW 923,000 in the same way as shown in the annexed list of crimes by entering information into the information processing device, such as a computer, without authority.

Summary of Evidence

1. Defendant's legal statement;

"2019 Highest 8978"

1. C Police Statements;

1. Report on internal investigation - Confirmation of CCTV Control Center (the face-to-face) and the face-to-face of crime;

"200 Highest 678"

1. Police suspect interrogation protocol regarding F;

1. Each police statement of I, G, and M;

1. Each police seizure record and the list of seizure;

1. Investigation reports (limited to attachment of CCTV data in an underground parking lot), investigation reports (limited to cases where a suspect commits a crime), internal investigation reports (limited to cases of tracking stolen checks), and CCTV data screen pictures;

"200 Highest 2821"

1. Each police statement of theO or R;

1. The 112 reported case handling table, letter contents, and receipt, respectively; and

[200 Highest 5519]

1. An interrogation protocol of the police officer about Y;

1. The police statement concerning T;

1. U police statements;

1. Police seizure records;

1. Report on internal investigation (specific person under suspicion);

1. Photographs of damaged articles;

"200 Highest 8126"

1. Each police statement concerning R;

1. Report on investigation (explication of details of damage caused by small-sum settlement by facsimile and arrangement), and details of small-amount settlement;

1. An application for each mobile phone subscription;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Code, Article 331(2) and (1) of the Criminal Code, Article 350(1) of the Criminal Code, Article 347(1) of the Criminal Code, Article 347(1) of the Criminal Code, Article 329 of the Criminal Code, Article 329 of the Criminal Code, Article 331(2) and (1) of the Criminal Code, Article 347-2 of each Criminal Code, Article 347-2 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) First offense;

[Determination of Punishment] Crimes of Assault 01. General Bribery [Type 1] 30 million won or less

[Special Aggravationd Persons] Aggravationd: Victims vulnerable to crimes.

[Recommendation and Scope of Recommendations] Aggravation, 10 months to 2 months of imprisonment

(b) Second crimes;

[Determination of thief] 01. General thief for general property

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

[Determination of thief] 01. General thief for general property

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(d) Scope of recommendations according to standards for handling multiple crimes: Imprisonment with prison labor for a period from October to September 3;

2. Determination of sentence;

In consideration of the sentencing conditions of Article 51 of the Criminal Act including the following circumstances, the punishment shall be determined as ordered within the scope of the sentencing guidelines.

After receiving juvenile protective disposition on December 2018 due to fraud, etc., the Defendant committed several crimes against many victims during several months. Even after being investigated by the police due to the previous crime, the Defendant continued to commit a crime even after being prosecuted, and committed a crime against vulnerable victims, such as friendlys with elementary school students and mentally and physically handicapped.

- The victim I received full return of the amount of damage from the defendant and his accomplice and does not want to be punished by the defendant. The victim M does not want to pay the amount of damage or the punishment of the defendant. The victim U.S. bicycle was seized, temporarily returned from the purchaser of stolen goods. In addition, the damage was not recovered by the defendant in terms of money, entertainment expenses, purchase of stolen goods, etc.

- Recognizing a crime. An adult has become an adult, and a part of the defendant has committed a crime when he is a minor.