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(영문) 대전지방법원 천안지원 2017.02.03 2016고단2186

특정범죄가중처벌등에관한법률위반(절도)

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc., for a maximum of one year, for a short of ten months, for a short of ten months, for January 12, 2012, with prison labor for larceny, etc., and on January 8, 2013, at the same court, the Defendant was sentenced to imprisonment with prison labor for larceny, etc., on May 25, 2014; and on February 17, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and for a fine of one million won for larceny, etc., from the Suwon Branch Branch of the Jeju District Court. The judgment became final and conclusive on December 30, 2016.

On August 10, 2016, the Defendant and C: (a) around 19:00, up to 04:00 of the same day; (b) around 04:00 of the same day, C placed the victim F on the table; (c) on the part of the Defendant, the Defendant released cash from the adjacent cash withdrawal machine; and (d) conspired to divide it.

On August 11, 2016, at around 02:30, the Defendant: (a) taken cambling from C with stolen physical cards and their passwords, as seen above; (b) taken the cambling card into front of the H convenience store located in G around 03:06 on the same day; (c) taken the cambling card into the cash payment machine at the front of the H convenience store at around 00:06; and (d) withdrawn KRW 3,013,000 in cash managed by the victim only ten times in total; and (d) taken out the cambling taxi stored in the said cash withdrawal machine at around 03:23,000 on the same day; and (e) withdrawn the 301,300 won in total from the cash withdrawal machine in front of the J main point at around I, at around 03:23,000, the sum of the cash withdrawal at around 201,71,700.

As a result, the defendant and C conspiredd to withdraw the total amount of KRW 5,724,700 managed by the victims with the physical card without legitimate authority and stolen each.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1.F Written Statement of Damage