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(영문) 수원지방법원 안양지원 2017.06.15 2016고단1639
사기등
Text

Defendant

A Imprisonment with prison labor for a maximum of one year and a short of eight months, and Defendant B’s imprisonment for a maximum of six months and three months, and Defendant C.

Reasons

Punishment of the crime

Defendant A was sentenced to imprisonment with labor for a maximum of one year and six months with labor for special larceny, etc., in support for the development of a means of flood control, and one year and six months with labor for a short of one year and one year on December 9, 2016. Defendant B was sentenced to imprisonment with labor for a maximum of one year and six months with labor for special larceny, etc. on September 8, 2016, and the above judgment became final and conclusive on February 6, 2017, on which Defendant C was sentenced to imprisonment with labor for a maximum of one year and six months with labor for special larceny in support for the development of a means of flood control, and on December 1, 2016, Defendant C was sentenced to two years of suspension of the execution of one year with labor for special larceny from a means of flood control, etc. on December 9, 2016.

Criminal facts

"2016 Highest 1639"

1. On June 17, 2016, at around 00:20, the Defendants: (a) entered the “G refined restaurant” operated by the Victim F located in Suwon-si E, Suwon-si; (b) received food equivalent to KRW 57,000,00, in total from the injured party, including the following: (c) he/she had a view that he/she would normally pay the price to the injured party even if he/she drinks because there was no money in fact; and (d) did not have any intent or ability to pay the price even if he/she drinks; and (d) ordered food to be supplied by the injured party.

As a result, the Defendants conspired to attract the victim to receive property from the injured party.

2. From 00:00 on June 19, 2016 to 00:45 on the same day, the Defendants were “J” restaurant operated by the victim I located in Suwon-si H, Suwon-si. Defendant C reported the network before the above restaurant, Defendant A and B opened a crime prevention window installed on the left side of the above restaurant by using the Raber who was prepared in advance for the crime prevention window, and opened the window after opening the Raber and opened the window to find the cash to be stolen, but the cash was not cash again from the above restaurant, and escaped with Defendant C.

As a result, the Defendants did not commit a theft of property owned by the victim, but did not commit an attempted crime.

3. Special larceny Defendants on June 19, 2016.

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