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(영문) 서울서부지방법원 2019.09.04 2019고단1428
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is a foreigner of Algeria nationality, who enters the Republic of Korea on December 25, 2018 and stays in the capacity of a refugee applicant.

1. Embezzlements of lost possession;

A. On January 20, 2019, from around 01:43 to 04:54, the Defendant committed the crime against the Victim C: (a) on the street near the Hong Culture Park located in Mapo-gu Seoul, Mapo-gu, 19-3 (Seongdong-dong-dong-dong), the Defendant thought that the Defendant had the victim’s own mind without following necessary procedures, such as returning it to the victim, even though the Defendant acquired a 1.15 million won card and a flick X smartphone, which is located in the victim’s mother E name, in the city where the victim C lost under the influence of alcohol; (b) one card in the victim’s mother E card; and (c) one card in the victim’s mother E name; and (d) one card.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. From January 17, 2019 to 18:00 on the following day, the Defendant acquired an amount equivalent to KRW 1 million at the 1 million market price of Samsung Gallon, which was lost by the victim B during the galthal galthy in Gangdong-gu Seoul, Gangdong-gu, Seoul, for the 18:00 following day.

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.

C. From March 29, 2019 to April 7, 2019, the Defendant acquired the card owned by the victim G from an unspecified area located in Yongsan-gu Seoul Metropolitan Government, where the victim G was lost, from March 29, 2019 to April 7, 206:32.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

As a result, the Defendant embezzled the property that was separated from the possession of the victim.

around 02:17-02:52 on April 8, 2019, the Defendant committed a crime against the Victim H was a victim H in the street near Yongsan-gu Seoul Metropolitan Government I and “J” convenience stores.

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