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(영문) 부산지방법원 2013.11.26 2013고단5844
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 21, 2013, the defrauded posted a false sign on the Internet, which is an online trading site, to sell galthophones, and received KRW 150,000 from the victim D who visited him/her on January 22, 2013, and received KRW 1,612,000 in total from the victims on the same 13 occasions from around that time to July 8, 2013, as indicated in the list of crimes in the attached Form.

2. From July 17, 2013, around 17:00 on July 7, 2013, the Defendant: (a) intruded with the entrance door of the Fridge in Busan Northern-gu; and (b) stolen the Defendant, having one (c) a case-tech cell phone, the market price of which is equivalent to KRW 528,00,000, owned by the victim G in the infant room in Busan Northern-gu.

3. Around 07:00 on July 201, the Defendant embezzled the Defendant with the intent to discover one of the Samsung mobile phones equivalent to KRW 29,000 at the beginning of May 201, at a park front of a public bus terminal located in the new city in the new city in the new city in the Sinju-si, Sinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect with regard to I;

1. Statement of each police statement of J, K, L, and M;

1. Each statement (or written petition) of H, D, N,O, P, Q, R, S, and T;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article 347(1) of the Criminal Act (in the case of fraud, crime Nos. 7 and 8, addition to Article 30 of the Criminal Act), Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 360(1) of the Criminal Act, and Article 360(1) of the Criminal Act for the crime;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, theft and the fact that the possession of stolen goods has been temporarily returned, the victims’ damage level is relatively small, and the punishment shall be determined as ordered in consideration of all the circumstances, including the Defendant’s age, character and conduct, and environment;

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