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(영문) 수원지방법원 안산지원 2016.06.02 2015고단1386

절도

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. From around 18:00 on September 30, 2012 to around 18:00 on November 11, 2011 of the same year, the Defendant: (a) entered the house of the victim D with the victim D on the C 1st floor in Silung-si; and (b) 5 copies of the check before the Defendant’s check (in his front check, number: E, F, G, H, I), cash 9.1 million won and stolen the total amount of KRW 14.1 million.

2. According to the evidence adopted by this court, the following facts are acknowledged.

① On September 30, 2012, the victim was forced to be hospitalized in a mental hospital by his/her birth. On May 5, 2014, the victim came to know that there was no five million won check and cash in his/her own face, which had been discharged on his/her home and returned to his/her own home.

② In the process of partially returning the deposit, the first victim acquired five copies of the said check in his/her front of the deposit. On behalf of the lessor, the broker who had reported the number of the check in his/her front of the check was able to specify and report the check number in his/her virtue.

③ At the time of filing a report, the victim’s house did not remain as a arbitrative proviso, and the key to the house was left by the son at the time of hospitalization of the victim’s mental hospital. At the time of release, the son was unable to memory where the key to the house was left. At the time of release, the victim was suspected that the son was stolen at the time of filing the report.

④ After that, on June 12, 2014, the police confirmed the payment details of five copies of the above self-paid check, and as a result, the defendant who had his domicile in the next domicile in the victim's house was found to have deposited five copies of the check above in his bank account around November 1, 2012.

5. The police called the defendant's domicile on the same day, that is, the victim's house immediately adjacent to the defendant's domicile. The defendant's mother was living in the above domicile, and the mother's mother was living in a long area.