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(영문) 대전지방법원 천안지원 2020.07.21 2020고단975
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 4, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and six months with prison labor for the crime of intrusion upon residence at the Sungnam branch of Suwon District Court on September 4, 2019, and the judgment became final and conclusive.

피고인은 성명불상자로부터 채팅 어플리케이션인 ‘위챗’을 통해 지시를 받고 불특정 다수 피해자들을 상대로 전화로 수사기관이나 금융기관을 사칭하면서 현금을 인출하여 집에 보관하도록 하고 이를 절취하는 ‘보이스피싱’ 범죄에 가담하여 피해자들의 집에 침입하여 돈을 절취하여 전달하는 역할을 하고 그 대가로 돈을 받기로 마음먹었다.

On March 18, 2019, in collusion with the staff of the Defendant’s name scaming, the Defendant made phone call to the victim B on March 12:10, 2019, and made it false to the effect that “If the Defendant was a police officer, who is a police officer, has a large amount of cash due to the occurrence of scams, it shall be placed adjacent to the home phone office,” and made the victim withdraw KRW 7 million and have the victim keep it in custody next to the phone located adjacent to the phone located adjacent to the victim’s home. At around 13:40 on the same day, the Defendant carried out 7 million won, which is located adjacent to the phone at around 13:40 on the day.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (Investigation of details of damage to the other party of the victim);

1. A report on internal investigation, etc. and on-site photographs;

1. Investigation report (specific suspect);

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes of one written judgment;

1. Relevant Article of the Criminal Act and Articles 319 (1), 329, and 30 of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the defendant's mistake in sentencing is recognized and reflected in the first sentence of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and it is prior to the confirmation of the previous conviction in the judgment.

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