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(영문) 의정부지방법원 2013.07.03 2013고정952

절도

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 2, 2013, at around 12:27, the Defendant cut off the cash amount of KRW 400,000,000 owned by the victim during the cash withdrawal period of KRW 255-1 National Bank from the cash withdrawal period of KRW 400,000 to the cash withdrawal period of KRW 5,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. The application of Acts and subordinate statutes to investigation reports (inward No. 16 of investigation records);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel argued that the defendant and his defense counsel held 40,000 won in cash of the victim's 40,000 won as they are, only if they come to possess money at the cash withdrawal season, they cannot be matched and held because there is a risk of loss, and even if they were to go through the cash withdrawal season and return money from the female presumed to be the victim, they did not give money because they could not accurately confirm whether they are the owner of money, and they did not give money because they could not accurately confirm whether they were the owner of money. In Seoul, the defendant and his defense counsel argued that they did not have the intention of larceny because they had to inquire about the side of the bank and tried to find the owner of money.

The following circumstances acknowledged by the evidence duly adopted by this Court, namely, the victim, as a person who operated the cash withdrawal machine in front of the Defendant, was unable to verify who the victim was the victim, and thus, it is difficult to easily understand that the victim did not return the money. If it is impossible to confirm who is the victim, the victim cannot return the money.