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(영문) 인천지방법원 2015.08.27 2015고단4421

절도

Text

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

Reasons

Punishment of the crime

1. On June 23, 2015, around 21:00, the Defendant brought about one copy of the victim’s national bank fitness card of F in the victim E-house located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, with F, while drinking alcohol together with F, while drinking alcohol with the victim’s children.

2. On June 25, 2015, the Defendant withdrawn 320,000 won in total four times by inserting the Hamart’s National Bank C Card, such as paragraph (1), into the said cash withdrawal and inputting the password and amount known through F, at around 21:01, in front of the Hmart located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

3. On June 27, 2015, the Defendant withdrawn KRW 200,000 by inserting the 300,000 by inserting the 30,000 won of the 30,000 won of the Defendant’s 30,000 won by inserting the 30,000 won of the 30,000 won of the 30,000 won of the 30,000 won

Accordingly, the Defendant stolen the total amount of KRW 520,000,000 in total, one physical bank card owned by the victim E, and 520,000 in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting the crime, the choice of imprisonment;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the first crime [the scope of recommending punishment] the mitigated area (Article 2 (General Larceny) and the mitigated area (Article 4-10) of the Criminal Act for general property] [the scope of recommending punishment] the second crime for living-type crimes [the scope of recommending punishment] the mitigated area (Article 2) and the mitigated area (Article 4-10) for general property [the scope of recommending punishment] the third crime for living-type crimes [the scope of recommending punishment] mitigated area for mitigation (Article 2) of the mitigated area (Article 38(1)2 and Article 50 of the Criminal Act for general property [Article 37] The scope of final sentences according to the mitigated area of total aggravated crimes (Article 38(1)2 and Article 50 of the Criminal Act]: April to June 10 [Determination of the sentence] The defendant is the same kind of crime in the year 2011 and February 2015.