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(영문) 청주지방법원 충주지원 2017.05.17 2017고단311
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A thief: (a) around November 13, 2015, at around 12:15, the Defendant: (b) 12:15, the victim D’s “E consumer store operated by Chungcheongbuk-si; and (c) 2 of the victim’s market price, which is the victim’s display stand, displayed in the display stand where the victim’s surveillance was neglected.

In addition, from November 1, 2013 to June 30, 2016, the Defendant stolen property equivalent to the total amount of KRW 305,700, which was owned by the victims, 12 times in total, as shown in the attached Table 1 list of crimes, from around November 1, 2013 to June 30, 2016.

2. The Defendant, as stated in paragraph 1, pretended to purchase the stolen painting as if he had been normally purchased, had the intent to exchange the stolen painting with one-time painting with which the value is low, and to receive the difference from refund.

At around 12:24 on November 13, 2015, the Defendant: (a) purchased a stolen screen as described in paragraph (1) from the victim D, and demanded a refund to the victim; (b) obtained cash 40,000 won from the victim D (S) for the purpose of refunding money from the mar; and (c) obtained cash 40,000 won from November 1, 2013 to February 27, 2016 from the victims by the above method as above, and acquired it through a total of six times from the victims to the victim from February 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F (including attached data);

1. Each statement of G, H, I, J, K, D, L, M, N,O, and P;

1. A report on internal investigation (as to statements and accompanying photographs of victims), a report on investigation (as to the scene of occurrence and CCTV counter-investigation), a report on internal investigation (as to the search of the surroundings and the confirmation of CCTV around the damaged place), and a report on internal investigation (as to the scene and the inside of the victim);

1. Each CCTV image reading photograph, each CCTV editing photograph, and each field photograph;

1. Application of Acts and subordinate statutes, such as receipts and receipts;

1. Article 329 of the Criminal Code for the crime in question and Article 329 of the applicable law for the choice of punishment (the intention of Section 1), Article 347 (1) of each Criminal Code (the point of fraud).

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