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(영문) 서울북부지방법원 2019.03.21 2019고단133
절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant: (a) committed a theft of the money kept in the victim C’s residence according to the direction of the victim’s name-free box (B), and conspired with the Defendant, etc. to perform the “collection Book” role as a “delivery Book”; and (b) conspired with the Defendant, etc. to commit a “collection Book.”

On December 7, 2018, at around 12:18, the Defendant: (a) heard the horses that “personal information has been leaked; (b) all the money deposited in the head of the Tong and keep it in the cooling house located in the house; and (c) obtained a new resident registration certificate by the residents’ self-governing center in the neighboring areas; (d) withdrawn the cash of KRW 10 million; (b) kept the head of the house in the cooling house; and (c) kept the head of the house in the cooling house; and (d) made use of the gaps in order to obtain the resident registration certificate, the Defendant kept the password of the head of the entrance in the house and kept in the cooling house.”

Accordingly, the Defendant, in collusion with telephone financial fraud assistance staff, stolen the amount of KRW 10 million in cash in collusion with the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. A copy of account transaction statement;

1. Reports on internal investigation (specifics, such as field search and appearance);

1. Application of CCTV closure photographs and Acts and subordinate statutes on the route of movement of crimes;

1. Relevant Articles of the Criminal Act and Articles 319(1) and 30 of the Criminal Act concerning criminal facts and the selection of punishment are prosecuted for the joint criminal acts committed by the Defendant and the influence winners, but the applicable provisions of the indictment contain omission of Article 30 of the Criminal Act.

However, since the defendant recognizes the crime of this case ex officio, Article 30 of the Criminal Act is not disadvantageous to the defendant even if it supplements Article 30 of the Criminal Act.

(See, see, e.g., Supreme Court Decision 96Do1231). (Influences into residence)

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