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(영문) 대구지방법원 서부지원 2016.12.23 2016고단1944

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant from March 10, 2015 to around October 2015

3. Until December 23, 200, the victim E (n.e., 61 years of age) was hospitalized at a hospital located in Gyeongbuk-gu, and the victim was asked to be accompanied to be reissued by the Agricultural Cooperatives passbook (F) around December 21, 2015 from the victim who was hospitalized in the hospital located in Gyeongbuk-gu, and was aware of the victim’s password, and was able to withdraw cash deposited in the passbook and steal the victim’s passbook.

1. On December 21, 2015, at around 11:44, the Defendant: (a) requested the victim to verify the balance at the head office of the Seongbuk-ro, 3229, the head of the Seongbuk-do, Seongbuk-do, Seongbuk-do; and (b) saved agricultural bank passbook in a cash payment machine installed at that place, and then withdrawn KRW 1,00,000,000 in cash by inserting the bank passbook into the cash payment machine; and (c) withdrawing KRW 1,00,000 in cash.

2. On December 25, 2015, the Defendant: (a) around 14:00, at the D Hospital 106 bottle, the victim was in custody of the victim’s bank (F) at the D Hospital 106 bottle, and stolen the victim’s bank account (hereinafter “F”), one.

3. On December 27, 2015, the Defendant withdrawn and steals KRW 5,511,250,000 in total eight times in total, including, until January 18, 2016, the following: (a) around 14:47, the Defendant: (b) stored the agricultural bank passbook of the victim, which was stolen as referred to in paragraph 2, in a cash payment machine installed therein; (c) saved KRW 1,000,500,000 in a password; and (d) withdrawn KRW 5,511,250 in cash over eight times in total, as indicated in the list of crimes in attached Form 31, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of each detailed statement of deposit transactions (E) Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. The fact that the suspended execution is repaid in the amount of one million won under Article 62(1) of the Criminal Code, the fact that the repayment is not good, and the fact that it is not good to health.