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(영문) 인천지방법원 부천지원 2015.07.16 2015고단1364
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 13:30 on April 16, 2015, the Defendant: (a) went to the Fransh operated by the victim E in Seocheon-si, Seocheon-si; (b) had a talk from the victim that the Defendant left the said establishment as a thing to find a person to purchase the said establishment; and (c) had a talk with the victim that he left it as a thing to find a person to purchase the said establishment; and (d) had been able to steal the property by advertising it.

Therefore, the defendant introduced a person who can purchase the above businesses as if he was a supplier of goods in marina business, and made the victim withdraw cash under the pretext of brokerage commission.

After all, the defendant stolen the victim's cash 1 million won owned by the victim, using the victim's crepans that the victim was locked.

Accordingly, the defendant stolen the victim's property.

2. Violation of the Road Traffic Act;

A. On April 13, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on April 14:52, 2015, driven the H class III truck owned by G on the roads of the Incheon at the upstream-si, Seocheon-si, Seocheon-si, Seocheon-si.

B. On April 16, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on April 13:30, 2015, driven a H-III truck, which is owned by G, on the roads near the Nowon-gu, Seoul Special Metropolitan City, and around 17:56 on the same day, the Defendant driven a H-III truck.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of each investigation report, each photograph, and the Acts and subordinate statutes on the register of driver's licenses;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommendations;

(a) The type of larceny;

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