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(영문) 서울중앙지방법원 2019.07.25 2019고정1138
절도등
Text

A fine of KRW 3 million shall be imposed on each of the crimes listed in the judgment of the defendant 1, and a fine of KRW 2 million shall be imposed on each of the crimes listed in the judgment of the court.

Reasons

Punishment of the crime

On June 12, 2018, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Seoul Central District Court for fraud, etc. and the judgment became final and conclusive on June 20, 2018.

1. Fraud;

A. Around September 2016, the Defendant against the victim B, on the Gangnam-gu Seoul Metropolitan Government Da1’s Da1stm, stated that “E and other well-known persons can seek a performance ticket to the victim. If the Defendant invested KRW 1100,000 in selling the performance ticket so that he/she may be punished by KRW 90,000,00.” After one week, the Defendant made a false statement that “The amount of investment and the amount of funds to purchase the performance ticket that is to reduce profits.”

However, even if the defendant received money from the victim, he thought that he will use it for living expenses, etc., and did not have the intent or ability to make profits to the victim by purchasing performance diskettes according to the promise.

As such, the Defendant, by deceiving the victim, received a total of KRW 2.2 million from the victim around September 28, 2016, KRW 3.3 million around April 10, KRW 2200,000 around October 16, and KRW 1.5 million around October 26, 201.

B. Around September 28, 2016, the Defendant against the victim F made a false statement to the victim F in the “G” entertainment tavern Bane room located in Gangnam-gu Seoul Metropolitan Government, with the same content as the above paragraph (a), and such false statement was transferred from the victim twice in total, including KRW 1.1 million on the same day and KRW 1.1 million on October 17, 201.

2. Larceny;

A. On July 2018, the Defendant: (a) stolen the victim-owned market value of KRW 29,800, which was displayed in the sales stand by using the gaps in which surveillance was neglected at the J point in the operation of the victim I located in Geumcheon-gu Seoul Metropolitan Government H 6th floor; and (b) stolen the victim-owned market value of KRW 29,800.

B. On August 23, 2018, at around 11:16, the Defendant: (a) stolen the victim’s market value, which was displayed in the sales stand by using the gaps in which surveillance was neglected at the M points of the victim’s L operation located on the first floor in Gwangjin-gu Seoul Special Metropolitan City; and (b) stolen the victim’s ownership.

C. On November 2, 2018, the Defendant at the above J point around 12:00.

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