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(영문) 부산지방법원 2014.02.04 2013고정5853

절도등

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant and B did not have the right to use C’s corporate bank check.

Nevertheless, around 19:45 on March 21, 2012, the Defendant, along with B, purchased 1 value, etc. of lebble tobacco within the e-mail store, and approved 3,100 won by using e-mail cards of corporate banking banks, and received 1 A tobacco from an employee’s non-existence of name.

Accordingly, the defendant, in collusion with B, acquired 3,100 won of the market price of tobacco 1 A.

2. On March 21, 2012, around 22:19, the Defendant withdrawn KRW 4.90,000 in cash using the above physical card with B, even though the Defendant did not have the right to withdraw money using C’s corporate bank fitness cards within the automation counter for the branch offices of a corporate bank located in the Busan Feng-gu, Busan.

Accordingly, the Defendant, in collusion with B, stolen the cash amount of KRW 4.90,000 owned by the victim corporate bank.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of the police protocol law to C

1. Relevant Article 329 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, and the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;