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(영문) 서울북부지방법원 2019.06.20 2019고단430
주거침입등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant, as a foreigner of Chinese nationality who entered Korea as a visa for short-term visits, was willing to act as a foreigner of Chinese nationality who entered Korea, and as a member of the staff of telephone financial fraud (one name hereinafter referred to as "singinging"), a member of the organization in a name-free phone assumes his/her own identity against unspecified victims, such as a police officer, etc., to withdraw money from a financial account under the victim's name, to have the victim take custody of the victim's house, and to induce the victim to take custody of the victim's house, and to collect cash from other victim's house to transfer the victim's name-free staff.

At around 12:02 on January 15, 2019, a member in the name misstatement deceivingd the victim B with a police officer by telephone and notified the police of his/her failure to pay taxes. If there is money in the head of a Tong, a tax shall be collected, but he/she shall be collected as a tax, and shall be stored in cash in the house, and a photograph for new issuance of a resident registration certificate shall be affixed to the head of a Tong.” The victim was urged by the victim, thereby allowing the victim to withdraw KRW 8.5 million in cash from the head of a Tong and keep it in the register of the victim.

On January 15, 2019, at around 13:30 on January 13:30, 2019, the Defendant opened the entrance door and intruded into the dwelling space using the entrance password delivered through SNS “E” from SNS staff in order to affix a photograph of the resident registration certificate for the foregoing reasons, the Defendant got 8.5 million won in cash on the dwelling space.

Accordingly, the defendant, in collusion with the victim's assistance staff, intruded the victim's residence, and stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes to the closure of a video recording image at the scene of committing an offense;

1. Criminal facts;

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