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(영문) 서울동부지방법원 2014.08.14 2014고단759
절도등
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

On August 9, 2012, the Defendant was sentenced to two years of suspended sentence for fraud at the Seoul Northern District Court on August 17, 2012, and the judgment became final and conclusive on August 17, 2012, but the suspended sentence was revoked on April 8, 2014, and the execution of the sentence was terminated on August 1, 2014.

1. On July 8, 2013, the Defendant: (a) around 06:53, the victim D’s “EPC bank” operated by the victim D with the second floor in Osan-si, Osan-si, for the fourth day as an employee; (b) KRW 300,000 in cash in a small credit cooperative located therein; and (c) KRW 100,000 in cash in the said credit cooperative; and (d) KRW 400,00 in cash in the said credit cooperative.

Accordingly, the defendant stolen the victim's property.

2. On November 28, 2012, the Defendant in violation of the Electronic Financial Transactions Act reported an advertisement that purchases passbooks on the Internet site to sell the means of access, such as passbooks, and, around November 28, 2012, to a person whose name is unknown at the Defendant’s home located in Seoul Special Metropolitan City, Nowon-gu, and the Defendant’s house located in 102 Dong 307, using Kwikset’s service, provided one deposit passbook (Account Number: G) and one cash card to notify the Defendant of the passwords by telephone, and received KRW 150,000 from one bank account in the Defendant’s name on December 11, 2012.

Accordingly, the Defendant transferred the means of access.

3. On January 3, 2013, at the Defendant’s house located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu around January 3, 2013, the Defendant wishes to send off NA to the victim H who contacted the Defendant a 80,000 won by reporting the Defendant’s writing posted on the Internet NAN website, and sending the amount of KRW 80,000 to the Defendant.

“.........”

However, even if the defendant receives the price of the goods, he did not have the intention or ability to send the goods.

In the end, the defendant deceivings the victim as above and receives 80,000 won from the victim to the virtual bank account in the name of the defendant's name.

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