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(영문) 수원지방법원 여주지원 2014.08.29 2014고정1

절도

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

At around 11:01 on July 23, 2013, the Defendant: (a) released the passbook (Account Number: D) of the victim C (the 58 years of age, South) on the cash withdrawal machine from the Innju-gu, Innju-si, Innju-si, Annju-gun, Annju-gun, and then stolen it on three occasions.

Summary of Evidence

1. C’s legal statement;

1. Each police statement of C;

1. A list of savings deposit transactions;

1. Application of suspect photographic Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Claims by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouse and the determination thereof

1. On July 23, 2013, the gist of the Defendant’s assertion was that the Defendant, along with the victim, drinked alcohol with the victim, and the victim lent 2.6 million won to the Defendant as the victim had the head of passbook, and the Defendant withdrawn and borrowed 2.6 million won from the above head of passbook, and it does not constitute theft.

2. One-time, first of all, the victim made a consistent statement from the investigative agency to the court that he had no memory to lend the above money to the defendant. Next, the following circumstances acknowledged by each of the above evidence are as follows: ① although the defendant and the victim have been aware of for a long time, they were never aware of the fact that there was no money transaction, and ② the victim withdrawn 10,000 won from the defendant on that day; ② if the defendant borrowed the above money from the victim, the defendant would have withdrawn the above money with the victim and received the money borrowed from the above page, but the defendant did not withdraw the money solely after the cash withdrawal, and ③ the defendant again returned the above passbook to the victim after the cash withdrawal, but there was no contact with the victim, and the victim did not report the loss of the above passbook, and most of the cash was withdrawn from the bank only after the bank.