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(영문) 수원지방법원 2016.03.15 2015고합217
특수강도미수등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

【2015 Gohap 217】 The Defendant entered the D convenience store (No. 109) of C Building 109 around March 7, 2015, around 04:30 on March 7, 2015, and taken off the transition (the total length: 19cm, the blade length: 9cm) which is a dangerous object.

In other words, the victim E, who is the cause of the above convenience store, tried to receive money by stating “the value of money held” as “the principle of mutatis mutandis taxation within the country,” but the victim did not comply with it and did not receive such money.

【2015 Gohap 690】

1. Around September 1, 2015, the Defendant against the victim F posted a letter to the effect that he/she sells two gift certificates of KRW 50,000 on the Internet NAV on the bulletin board of the Republic of Korea, the Internet NAV, and reported this fact to the victim F, who visited, “I will send the gift certificates of culture if you send the price.”

However, in fact, the defendant did not have the intention or ability to send cultural merchandise coupons available to the above victim.

As can be seen, the Defendant deceiving the above victim and transferred KRW 80,000 to the Agricultural Cooperative Account (Account Number J) in the name of the Defendant on the same day from the above victim.

2. The Defendant, against the victim K, posted a letter to the effect that the Victim K sells Paris Biot mar on the bulletin board as set out in paragraph 1, at the time, place, and at the time and place set out in paragraph 1, and reported this fact to the Victim K, who called for, “to send the press mar upon sending the proceeds.”

However, in fact, the defendant did not have the intention or ability to send the above victim with a free contact.

The Defendant, as such, by deceiving the said victim, received 37,00 won as sales proceeds from the account as described in paragraph (1) of the same day from the said victim.

Summary of Evidence

【2015 Gohap 217】

1. Statement of the defendant in the sixth public trial records;

1. Statement made by the police for E;

1. Police investigation report (Investigation of CCTV recording data for crimes);

1. Police seizure protocol 2015 Senior 690

1. The defendant in the eight-time public trial records;

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