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(영문) 광주지방법원 해남지원 2020.02.13 2019고단429
절도등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2019 Highest 429"

1. Attempted larceny;

A. On October 21, 2019, at around 03:43, the Defendant: (a) opened a steering door of the Epir vehicle in the Epir vehicle parked, without correction from the victim D; (b) opened into the vehicle; (c) did not receive any stolen goods; and (d) did not commit an attempted crime.

B. On October 21, 2019, the Defendant: (a) around 04:25, at the front of the F building in Jindo-gun, Jindo-gun; (b) around 04:25, the Defendant: (c) placed the front door of the vehicle in front of the H Yaea car parked by the victim G for the purpose of cutting away goods inside the H Yaea car parked, but (d) failed to bring the door to the effect.

2. A thief: (a) around October 21, 2019, the Defendant: (b) opened a door of the KMW car in the parking lot of the building in Jindo-gun, Jindo-do; (c) opened into the vehicle without correction by the victim JJ; and (d) stolen the vehicle with cash of KRW 1,750,000, which is owned by the victim, from the gbalbbbbox on the side of the driver’s seat.

"2019 Highest 504"

3. On October 2, 2018, the fraud Defendant: (a) obtained a false call from the victim M who operates the mutual influence in Jindo-gun, Jindo-gun, Jindo-do, with the trade name of “L”; (b) sold 8 boxes for green ginseng melting red ginseng from the victim M; and (c) paid the victim KRW 396,000 (the purchase price on the face of delivery of the goods) to the victim as ten months.

However, the defendant did not have any intention or ability to pay the price to the victim even if he received eight stuffs for melting red ginseng from the victim because there was no particular income at the time and the financial situation is good.

Nevertheless, on January 17, 2019, the Defendant acquired eight stuffs for green melting red ginseng at a market price of KRW 396,000 from the victim and acquired them by delivery.

Summary of Evidence

[2019 Highest 429]

1. Defendant's legal statement;

1. Written statements prepared by J, D and G;

1. Reports on the results of field identification, etc.;

1. On-site map, photograph, etc., each photograph (Evidence Nos. 8, 14) / [2019 order 504]

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