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(영문) 대구지방법원 2019.03.29 2019고단270
절도등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 8 and 9 shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant misrepresented a public institution and accepted the proposal to the effect that the defendant will pay a fee if he collects cash from an unqualified person who is the cause of the singishing organization that takes money from an unspecified number of victims.

On January 2, 2019, at around 10:10 on January 2, 2019, the name-free person misrepresented the public agency by telephone to the victim B at an infinite location, and "the current secret number is to be stored in the kimchi cooling house in the house because a credit card is likely to be used for a crime," and the victim was kept in cash in the kimchi cooling house located in the victim's house located in Daegu Suwon-gu C at around 11:50 on the same day.

At around 13:13 of the same day, the defendant received the order of the above person without his name from the victim's office, and entered the door of the victim's office, which was delivered by the above person without his name, and then put the cash of KRW 10 million in the kimchi cooling house into the bank.

Accordingly, the Defendant conspiredd with the non-person with the name and the non-person who is the cause of the Bosing Organization, and stolen the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 319 (1) and 30 of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

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

1. The sentencing conditions, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following circumstances in the reason of sentencing under Article 48(1)1 of the Criminal Act.

D. Unfavorable circumstances: The instant crime was committed in collusion with the staff of the Bosing staff who misrepresented with a public institution, thereby deceiving the victim.

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