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(영문) 서울중앙지방법원 2013.08.27 2013고단4112
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Crimes committed on February 16, 2013;

A. On February 16, 2013, the Defendant embezzled the stolen property that was occupied by the Defendant, without taking measures such as taking a new physical fitness card lost by the victim E, and returning it to the victim, at a nearby construction site located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. On February 16, 2013, the Defendant embezzled the property that was separated from another’s possession.

B. On February 16, 2013, the Defendant attempted to commit fraud: (a) around 10:10 on February 16, 2013, at the mutual convenience point of H operated by the victim G in Jongno-gu Seoul, Jongno-gu, Seoul, for purchasing tobacco 2 A and paying KRW 5,000, the Defendant offered that he/she had completed the E’s new physical fitness card acquired, such as the preceding paragraph, as he/she was the lawful holder; (b) but, on the other hand, he/she had already been registered with the theft card and thus, failed to commit an attempted crime.

2. The Defendant, at around June 20, 2013, embezzled the D 4th floor located in Seongbuk-gu Seoul Metropolitan Government on June 20, 2013, on the following occasions: (a) around 21:00, the Defendant embezzled a piece of vinyl 1, 2,00 cubic currency 1, 100 cubic currency 1, 100 cubic currency 1, 100 cubic currency 1, 200 cubic currency 1, 200 cubic currency 1, 1, 200 cubic currency 1, 1, 1, 1, 1, 1, 200 cubic currency 1, 1, 200 cubic currency 20 cubic currency 1, 200 cubic currency 1, and 4, respectively, without taking measures to return it to the victim.

3. The crime committed on June 21, 2013;

A. At around 08:00 on June 21, 2013, the Defendant attempted to larceny: (a) opened a 73 object box used by the VictimJ using the key of the object box he/she acquired as of 2.2. and did not commit an attempted theft but rather committed an attempted theft.

B. On the same day, the Defendant was dispatched after receiving the aforementioned criminal report at the same place on the same day.

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