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(영문) 창원지방법원 마산지원 2014.06.26 2013고단771
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 16, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Changwon District Court for fraud, etc. and the said judgment became final and conclusive on July 24, 2013.

1. On June 2, 2013, the Defendant: (a) around 16:12, 201, the victim C, operated by the victim C, who was in the Chang-si Mhappo-si B, did not include the amount equivalent to KRW 39,00,00 in the shopping bags that he prepared in advance for the total amount of KRW 39,00,00, including 1 disease and 4,000,000, in the market price of the victim’s possession in the display stand by taking advantage of the gaps of surveillance negligence; (b) but did not include it out of the shopping bags that he prepared in advance.

In addition, the Defendant stolen the total amount of KRW 246,100,00 from that time until July 5, 2013, as indicated in the attached list of crimes, by the following methods, from that time until July 5, 2013.

2. On July 5, 2013, around 19:32, the Defendant signed “F” each of the “F” in the “written confirmation letter of arrest of a flagrant offender,” and the “voluntary presentation and investment column,” under the following circumstances: (a) at the office of the E Team of the Mapo-si Police Station in the Central Dong of Mucheon-si, Mucheon-si; (b) as if he were F with the appearance of a usual F resident registration number at the risk of being punished for a thief.

Accordingly, the defendant forged the above F's signature, which is a private signature, for the purpose of exercising the right.

3. The Defendant, at the time and place specified in paragraph (2), issued a forged suspect interrogation protocol, written confirmation of arrest of flagrant offender, and written voluntary submission as if he/she were duly signed, and exercised the same at the time and place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Letters of arrest of flagrant offenders, written confirmation, records of seizure, protocol of voluntary submission and protocol of examination of suspect under F;

1. CCTV photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of details of suspect disposition);

1. Relevant Articles 329 and 239 of the Criminal Act concerning criminal facts.

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