(영문) 서울동부지방법원 2020.08.12 2020고단1475

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크기(pt)

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줄 간격

자간(%)

(영문) 서울동부지방법원 2020.08.12 2020고단1475

절도등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall pay 8 million won to an applicant for compensation for damage.

3.2

Reasons

Punishment of the crime

The Defendant conspiredd to collect cash in custody by intrusioning upon the victim’s house in accordance with the direction of the victim’s name and failing to make a false statement to the effect that “the cash deposited in a bank is likely to be a criminal purpose, and thus is withdrawn and stored at a specific place, such as inside the house,” by telephone financial fraud and larceny (one name “scaming”), and the Defendant conspired to the effect that “the money deposited in a bank is likely to be a criminal purpose.”

On April 28, 2020, an employee of the Ssinging Singing Singing Singing Singing calls to the victim C at a place where the location is unknown and at least 09:15 on April 28, 2020, and falsely calls to the victim C to the effect that “the party’s domicile was exposed to the country, and any money in the passbook may also be released in cash or check and stored in the house.” Accordingly, the employee made the victim withdraw KRW 50 million from the financial institution to cash or check, and then put the amount of KRW 20 million withdrawn in cash from the financial institution, to the freezing room of the victim under D apartment E, and made the victim know his house by means of a cash change of KRW 30 million withdrawn from the check.

At around 11:23 of the same day, the Defendant: (a) opened the entrance door of the victim, in which the victim did not correct the gap in the house, and (b) opened the said door with cash of KRW 20 million owned by the victim in the freezing and freezing room; and (c) invaded upon the victim’s residence four times from May 6, 2020, from that time to May 6, 2020, and stolen KRW 7,4260,000,000 from that time.

Accordingly, the defendant, in collusion, stolen property by intrusion upon the victim's residence in collusion with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C, F, and G;

1.Each. B.

유사 판례

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