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(영문) 대전지방법원 2017. 5. 12. 선고 2016고단3191, 2017고단183(병합), 2017고단387(병합), 2017고단1152(병합) 판결
[야간건조물침입절도·병역법위반·사기·점유이탈물횡령·절도][미간행]
Defendant

Defendant

Prosecutor

Park Jin-jin, Kim Jae-jin, astronomical red (prosecution), and yellow-line (public trial)

Defense Counsel

Attorney Full-time (National Assembly)

Text

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

Criminal facts

"2016 Highest 3191"

On July 15, 2016, at around 02:10 on July 15, 2016, the Defendant: (a) when the victim non-indicted 2, who was in Daejeon ( Address 2 omitted), intrudes into the main body of the “△△△△△△△△△△△△△△,” which was operated by the victim non-indicted 2, 20,000 won in a container office, opened an entrance where the container office was not corrected; and (b) entered the container office, and 20,000 won in cash, which is the victim’s possession of the money receipt and payment machine, 5,00 won in a book, 20,000 won in the market price above the cooling house.

Accordingly, the defendant invadedd a structure at night, and stolen the property of 212,000 won owned by the victim.

"2017 Highest 183"

The defendant is a person subject to social work personnel call.

On September 29, 2016, the Defendant directly received a muster notice under the name of the director of the Daejeon District Military Manpower Office to call to Daejeon District Military Manpower Office, Daejeon District Military Manpower Office No. 16-No. 15, Jung-gu, Daejeon, Daejeon District Military Manpower Office, and the Defendant, on November 21, 2016, to the Social Service Training Center in the name of the director of the Daejeon District Military Manpower Office, 328-33, 2016, the Defendant did not comply with the call without justifiable grounds for the lapse of three days from the date of the call.

" 2017 Highest 387"

1. Embezzlements of lost possession;

On December 28, 2016, at around 15:00, the Defendant acquired a copy of the credit card owned by Nonindicted Party 3, the victim Nonindicted Party 3, from the second floor of the Seoul Special Metropolitan City, Do Library located in the Daejeon Special Metropolitan City, Seogu, Daejeon. The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Fraud;

On January 1, 2017, at around 23:00, the Defendant sent the same attitude to pay the food cost to Nonindicted Party 1, an employee, at the restaurant located in Daejeon ( Address 1 omitted). The Defendant ordered Lin’s 1ma and 1 disease.

However, since there was no money in fact, there was no intention or ability to pay the price even if Nonindicted Party 1 received food from him.

The Defendant was provided from Non-Indicted 1 with 22,00 won at the market price, namely, one main and one son at the market price.

Accordingly, the Defendant was given property by deceiving Nonindicted Party 1.

"2017 Highest 1152"

1. Larceny;

피고인은 2016. 11. 29. 18:20경 대전 (주소 3 생략)에 있는 ‘◎◎◎◎◎’ 식당에 손님으로 들어가 식사를 하던 중 피해자 공소외 4(여, 54세)가 주방으로 들어가 감시가 소홀한 틈을 이용하여 그곳 테이블 위에 있던 피해자 소유의 LG휴대폰 1대 시가 297,000원 상당을 가지고 가 이를 절취하였다.

2. Fraud;

The Defendant ordered Non-Indicted 4, who aided Nonindicted 5, a restaurant operator, to do so at a time and place, such as Paragraph 1, and ordered the Defendant to do so, and the Defendant ordered 2 soldiers of Silele-gu.

However, the defendant did not have any intention or ability to pay food costs.

The Defendant, as such, by deceiving Nonindicted 4, received from Nonindicted 4 the total sum of KRW 10,00,000, of KRW 10,000 (6,00) and KRW 2 disease (6,00).

Summary of Evidence

"2016 Highest 3191"

1. Defendant's legal statement;

1. Statement of Nonindicted 2’s written statement

1. Statement of investigation report (related to the damaged goods);

"2017 Highest 183"

1. Defendant's legal statement;

1. Statement of the accuser;

" 2017 Highest 387"

1. Defendant's legal statement;

1. Statement made by the police on Nonindicted 3

1. Statement of Nonindicted 1’s written statement

"2017 Highest 1152"

1. Defendant's legal statement;

1. Statement of Nonindicted 4’s written statement

1. Videos of a receipt of meal costs;

Application of statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 330 of the Criminal Act (the thief) Article 88(1)2 of the former Military Service Act (amended by Act No. 14183, May 29, 2016); Article 347(1) of the Criminal Act; Article 360(1) of the Criminal Act (the thief), Article 329 of the Criminal Act (the thief)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

Grounds for sentencing

Considerations such as reflectivity, partial recovery of damaged articles, size of property damage, and punishment, many of the criminal records of the same kind, including punishment.

Judge Lee Gyeong-hoon

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