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(영문) 대구지방법원 포항지원 2018.05.31 2017고단459
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Records] On June 4, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Game Industry Promotion Act at the port support of the Daegu District Court (Tgu District Court) and completed the execution of the sentence on March 5, 2016 [criminal facts]

1. On November 10, 2016, the Defendant entered the “E” operated by the victim D in Nam-gu, Nam-gu, Seoul at night on November 10, 2016, and intruded into the victim’s inner room by viewing that the victim was self-employed in the inner room, and then stolen approximately KRW 500,000,00 of the market price where the victim’s head was placed in the inner room.

2. The Defendant received personal identification cards, passbooks, and OPT cards from “a balance verification business operator” who temporarily remitted money to increase the bank balance, and attempted to receive money by means of deception with identification cards, passbooks, and OPT cards before the balance verification business operator withdraws the money again, and then obtain money by means of escape with the identification card, passbook, and OPT card.

On March 28, 2017, the Defendant would give KRW 1.6 million to the victim H who engages in the business of certifying balance in G located in F at the time of making a statement on March 28, 2017.

The phrase “ makes a false statement.”

However, in fact, the defendant received money from the injured party and did not intend to return the money to the injured party only by the above method.

The defendant's attempt to transfer KRW 200 million from the victim to the passbook in the name of the defendant on the same day is likely to be aware of the crime by the victim who requested the business registration certificate from the victim, and there is no need to prove the balance.

“ ....................” out

Accordingly, the defendant had attempted to receive property by deceiving the victim.

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