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(영문) 서울동부지방법원 2016.07.21 2016고단704

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

【Basic Facts】 Even though the Defendant did not have the authority to keep C’s new bank check with C any longer by succeeding C while keeping C’s new bank card with C as a internal relationship with C, the Defendant had the authority to arbitrarily withdraw and use C’s new bank account for personal purposes.

[Criminal Facts]

1. From May 28, 2015 to June 1, 2015, the Defendant deposited KRW 27,7920,000 in total on 27 occasions in the same manner as attached Table 1 of the List of Offenses Act from around 19:30 to June 1, 2015, at a new bank located in a 1731 scambling scam in the city of Busan, the Defendant deposited KRW 27,7920,000,000 in the same manner as in attached Table 1 of the List of Offenses Act, where the Defendant collected a new bank scam card in the name of C at the time of cash withdrawal managed by the Defendant.

Accordingly, the defendant stolen the victim's property.

2. The Defendant, at the time and place specified in paragraph 1, collected a new bank check in C’s name in a cash withdrawal machine installed therein, took a password, and transferred KRW 700,000 from the Defendant’s new bank account to E’s mother’s agricultural cooperative account from May 30, 2015 to May 30, 2015.

Accordingly, the defendant, by inputting information without authority into a computer or any other information processing device, made E obtain economic benefits of 2.1 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. An investigation report (to attach a CD), an investigation report (to refer to a witness G phone recording).