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(영문) 서울중앙지방법원 2013.08.09 2013고단3485

절도등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Justice] On August 27, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the Seoul Central District Court on October 4, 2010 and completed the execution of the sentence in the original prison.

【Criminal Facts】

1. Around April 21, 201, the Defendant, at the Korean bank credit card theft of the victim C, stolen the gap in the victim C living together under Yeongdeungpo-gu Seoul Metropolitan Government D 201, from the bank of another victim, one copy of the credit card issued by the Korean bank owned by the victim, from the bank of another victim.

2. At around 22:00 on April 7, 201, the Defendant: (a) posted the said SK Securities Card to a cash withdrawal machine, which was possessed by a community credit cooperative cash withdrawaler in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for a cash withdrawal machine; (b) then withdrawn KRW 6,200,000, which was known in advance; and (c) stolen KRW 6,200,000 in cash in the management of community credit cooperatives.

3. On April 7, 2011, the Defendant: (a) posted the credit card number of a national bank of a third party, which was stolen, as set forth in paragraph (1), at the cash withdrawal machine of the said community credit cooperative on April 22, 2011; (b) removed KRW 1,100,000 as cash services; and (c) stolen the cash number of the management of community credit cooperatives by withdrawing KRW 1,100,000,000 from the cash withdrawal machine of the said community credit cooperative; and (d) used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records, copies of written judgments (Seoul Central District Court 2009dan4310), and current status of personal identification and confinement;

1. Relevant Article 329 of the Criminal Act concerning facts constituting an offense, and Article 70 (1) 3 of the Specialized Credit Financial Business Act (and point of using stolen credit cards);

1. Article 35 of the Criminal Act among repeated crimes;

1. Each of the crimes of this case, among concurrent crimes, each of the crimes of this case, even though the defendant was punished for the same kind of crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and is serving as a repeated offender.