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(영문) 서울남부지방법원 2017.12.08 2017고단4583
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

[2017 Highest 4583] On August 31, 2017, the Defendant: (a) around 18:44, the Geumcheon-gu Seoul Metropolitan Government PC located in C2’s PC located in Geumcheon-gu, Geumcheon-gu, Seoul; (b) caused Party E-owned cash 320,000 won, a resident registration certificate, etc., with the market price of KRW 30,000,000,000, which is owned by the victim E; and (c) caused Party F to commit a theft. [275, the Defendant and the victim] of the Defendant and the victim, who first known only at the end of March 2017, were in the field of the walm training for the calendar located at the end of the end of March 2017.

On May 22, 2017, the Defendant “in need of living expenses” to the victim from the French land.

On June 6, 2017, he/she will be employed by the military supply business located in the Government and receive monthly pay.

“A false representation was made.”

However, the defendant did not have any intention or ability to pay money, even if he borrowed money from the injured party because he lives in the PC room at the time and did not intend to be employed by the military supplier.

The Defendant received KRW 30,00 from the injured party a new bank account (Account Number:H) in the name of G, and received total of KRW 4,90,000 from KRW 490,00,00 on seven occasions, such as the list of crimes in the attached Table.

Summary of Evidence

[2017 Highest 4583]

1. Statement by the defendant in court;

1. A E-document;

1. Police investigation report (Attachment to CDs) and CCTV images;

1. Records of police seizure and list of seizure [2017 senior order 5275];

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A police investigation report (the currency of the division under the name of the head G);

1. Application of the Kaka Stockholm statutes to the Kakao content between the complainant and the suspect of the entry and withdrawal;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of intention) and Article 347 of the Criminal Act (the point of intent to commit fraud) and the choice of imprisonment with prison labor, respectively;

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

1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).

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