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(영문) 대구지방법원 안동지원 2017.08.11 2017고단351
절도등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

[2017 Highest 351] On May 17, 2017, the Defendant carried about 19 clothes of approximately KRW 1780,000,00 of the market price, including Chapter 1, 1,000, at a multi-user accommodation located in Ansan-si, where the victim D(57 taxes) who is a multi-user, was in a room.

As a result, the defendant stolen the victim's property.

[2017 Highest 398] On October 8, 2016, the Defendant made a false statement to the effect that “The Defendant would work as an employee on the front side of the payment of the payment of the payment of the payment of the payment of the payment to the victim in G multilateral bank operated by the Victim F located in E at the time of debate.”

However, the defendant did not have the intention or ability to work as an employee even if he received the advance payment from the injured party.

On October 9, 2016, the Defendant, by deceiving the victim, received KRW 2.8 million from the damaged party, via the Nonghyup Bank account (Serial I) in H’s name, and received KRW 2.8 million in cash.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

[2017 Highest 351]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Each investigation report (2017 senior order 398);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A president of the F;

1. Application of Acts and subordinate statutes to a cash loan certificate, a statement of transactions, and a copy of passbook;

1. Relevant legal provisions concerning facts constituting a crime and the larceny of the choice of punishment: Fraud under Article 329 of the Criminal Act: Article 347 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Recommendations based on the sentencing criteria;

(a) Determination on the type of larceny (1) (1): The scope of punishment recommended in the area of larceny, theft against general property, and second-class (2) recommendation: 3) the scope of punishment recommended in the area of recommendation: Six months to one year and six months;

(b) the type of fraud (an offence No. 2) decision: fraud;

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