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(영문) 서울남부지방법원 2016.10.14 2016고단3871
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 15:00 on April 25, 2016, the Defendant acquired approximately KRW 60,000,000 in cash, which is the victim owned by the victim B, in the Smoking area of Taakkker Quaker who is located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for the embezzlement of stolen articles, one resident registration certificate, one and one 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

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. At around 10:00 on April 28, 2016, the Defendant entering a house was aware of the victim B’s resident registration certificate, as described in the foregoing paragraph (1), and was in the house of the victim located in Jung-gu Seoul Metropolitan Government, which became aware of the victim B’s resident registration certificate, and entered into the house by using the victim’s house key, as described in the foregoing paragraph (1), and invaded the victim’s residence.

3. The Defendant stolen the victim’s property with one unfolded bank, one Twitts, one land, and one camping son, which was located in the same date and at the same place as described in the foregoing paragraph (2).

4. On April 28, 2016, the Defendant was requested to present an identification card by F, an employee of the above E, while filing an application for mobile phone membership in the “E” located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Therefore, the defendant presented B's resident registration certificate under the name of the head of Dongjak-gu Seoul Metropolitan Government, a public document acquired as stated in paragraph (1) as if the defendant was the resident registration certificate of the defendant.

Accordingly, the defendant illegally exercised official documents.

5. The Defendant, at the same time and place as indicated in the foregoing paragraph (4), has the intention to open a mobile phone using the resident registration certificate in the B’s name acquired as indicated in the foregoing paragraph (1), and has the cell phone stored therein.

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