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(영문) 부산지방법원 서부지원 2018.08.10 2018고단1149
절도등
Text

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

Reasons

Punishment of the crime

On November 4, 2017, the Defendant: (a) around 2018, the victim F, who was in a warehouse located in the Gangseo-gu Busan Metropolitan City “E” D, was stolen with 7,300,000 won or 2 non-vehicle cambling boxes at around February 25, 2018, from that time, from that time, up to February 25, 2018, with 38,208,960 won in total, as shown in Appendix 1.

On April 1, 2018, the Defendant up to 1220, on April 1, 2018, posted a notice on a bulletin board of the Internet site in the HPC room located in Busan Seo-gu, Busan, on the Internet, and on the fact that he/she does not have any goods and sells the sobbbbbbbbs irrespective of having no intention or capacity to sell them. The Defendant was transferred KRW 50,000 from the victim I to the Saemaul Bank Account in the name of A designated by the Defendant as the price for the goods on the same day from the victim I, and was transferred from that time to April 25, 2018 by the same method as shown in the attached Table 2 in the list of crimes, from that time, KRW 3,60,000,000,000,000 from the 12 victims, as in the same manner.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

"2018 Highest 1149"

1. Statement by the defendant in court;

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

1. Photographs, investigation report (the name of damaged goods, selling price, photograph, etc. to be submitted by the victim), and the materials related to damaged goods "the 20th order 120 second order 2018";

1. Statement by the defendant in court;

1. Each written statement of K, L, M, I, N,O, P, Q, R, S, and T;

1. Application of Acts and subordinate statutes on remittances to each account;

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (absent point, choice of imprisonment with prison labor), and Article 347 (1) of the Criminal Act (absent point and choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Fraud below KRW 100,00) in the aggravated area (one year to two years) (one year and six months) (special aggravated persons) (special aggravated persons) for unspecified or multiple victims, or over a considerable period of time.

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