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(영문) 광주지방법원 목포지원 2016.10.21 2016고정302

절도등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 절도 피고인은 2016. 1. 4. 19:00경 목포시 교육로 41번길 25 ‘목포원예농협 신도심지점’ 현금지급기 코너 44번 기기에서, 피해자 B이 그곳에서 은행을 일을 보다 바로 옆에 있는 42번 기기로 이동하면서 깜박 잊고 통장지갑을 올려놓고 간 사이 마침 피고인이 이를 발견하고 절취할 마음으로 피해자 소유 우체국 체크카드 1장과 통장 등이 들어 있는 통장지갑을 가져갔다.

Accordingly, the defendant stolen the victim's property.

2. On January 4, 2016, the Defendant violated the Specialized Credit Financial Business Act: (a) purchased 7 knives and 2 knives and knives and knives and knives and knives and knives and 870,000 won with the knives and knives and knives and knives and knives and knives and knives and used the knives and g

3. The Defendant, by means of deceiving the victim E by using a stolen physical card at a temporary location under the above paragraph (2), was issued seven gold-countings in the face of the market value of KRW 1,870,000 at the same time and two gold-packs in the face of the business owner.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Each internal investigation report (the No. 7,8 of the evidence list), each investigation report (the No. 18, 19 of the evidence list);

1. Application of Acts and subordinate statutes governing letters on Handphones, CCTV contents (for example of committing a suspect), and specifications of transaction of automated devices;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the illegal use of physical card), Article 347 (1) of the Criminal Act, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;