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(영문) 의정부지방법원 2016.07.05 2016고단1033

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 31, 2015, around 05:04, around 05:04, the Defendant: (a) removed three-compact locking devices in the manner of working and learning at the E office operated by the victim D; (b) removed three-compacting devices in the manner of working and learning by the manager; and (c) entered the inside, and (d) carried one copy of the Victim’s Bank CC Card in the form of his/her book.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

2. On August 31, 2015, the Defendant, using a computer, etc., visited the Nong Internet Bank site in the same time and place as the preceding paragraph, entered the Nong Internet Bank site in the name of the victim D, and obtained a total of 8.7 million won by transferring 5.8 million won to the bank account in the name of the Defendant, and 2.9 million won to the bank account in the name of the Defendant F, respectively, and by allowing the Defendant to input information without authority in the information processing device, such as a computer, etc.

3. On August 31, 2015, the Defendant: (a) entered 300,000 won in the victim’s possession of the cash, which was known in advance, into the aforementioned cash payment machine, before the automatic payment period managed by the victim of the name in the government terminal of Geum-dong, Geum-dong, Geum-si; (b) around 05:31 on August 31, 2015, the Defendant then withdrawn 300,000 won in cash, which was the victim’s possession.

4. On August 31, 2015, at around 05:32, the Defendant used computers, etc., transferred one million won from the said place to the bank account under the name of the Defendant from the said place to the bank account in the name of the Defendant at the same time as the foregoing method, and acquired property profits equivalent to one million won by allowing the Defendant to input information without authority in the information processing device, such as computers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of e-mail sent to the victim;

1. A full statement of withdrawal from the Agricultural Cooperative Account in the name of the victim D 1.