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(영문) 부산지방법원 2016.01.20 2015고정2095
절도등
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On July 24, 2014, at around 19:30 on July 24, 2014, the Defendant: (a) placed a earphone amounting to KRW 20,000, a victim’s market price in D(D) operated by the Victim C (24 S) located in Busan Seo-gu, Busan (D) into the Defendant’s flag and stolen the earphone amounting to KRW 20,000, a victim’s market price.

around 18:30 on March 24, 2014, the Defendant ordered 130,000 won of 130,000 won of the market price as if he would pay the drinking value to the victim G, the Defendant ordered 20,000 won of 130,000 won of the market price.

However, the defendant had no intention or ability to pay the drinking value from the beginning.

As such, the Defendant, by deceiving the victim and being provided with alcohol and helper in the same place from the injured party, took 220,000 won for service fees, 20,000 won for singing, and 10,000 won for room-based rental, and 220,000 won for property benefits.

Summary of Evidence

[2015 High 2095]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report "2015 High 3016 High 3016";

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the selection of fines for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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