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(영문) 부산지방법원 동부지원 2017.09.14 2017고단95

절도

Text

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

Reasons

Punishment of the crime

On May 16, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court’s Dong Branch, and completed the execution of the sentence on June 22, 2015 in the smuggling detention house on June 26, 2015. On August 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Busan District Court, and the said judgment became final and conclusive on September 3, 2016. On April 6, 2017, the said judgment became final and conclusive on April 14, 2017, by being sentenced to three months of imprisonment with prison labor for a crime of interference with business affairs by the same court.

At around April 8, 2016, when the defendant knew that the victim C suffers from a mental illness, which is a kind of a mental disease, and that the defendant could not properly lead a daily life such as that he/she has no memory, he/she received cash card from the passbook account that he/she kept a monthly subsidy from the victim's bank account. On April 12:19, 2016, the defendant, like the victim, had been aware of the victim's vicarious withdrawal of the victim's money, followed the victim's employees at the NA branch of the NAF branch of the NAF branch of the NAF branch of the NAF and had the victim knew of the victim's cash card identification number.

1. The Defendant: (a) around 10:00 on April 9, 2016, in the “E D” located in Busan District captain-gun, Busan District; (b) opened a room by way of creshing toilets with the said victim’s space; and (c) removed one copy of the Agricultural Cooperative Cash Card of the victim.

In other words, they stolen them.

2. The Defendant was aware of, at the location of the Nonghyup, the Korea Development Bank No. No. 288-ro 27, 10:24, April 9, 2016, at the location of the defendant, the Korea Development Bank No. NH No. Hasan No. Hasan Bank, the defendant knew.

F requested F to withdraw money by informing F of the cash card that stolen C’s cash card as if it were one’s own.

F, who was unaware of the fact that the defendant stolen the above card, did not know of the fact that he stolen it at the request of the defendant, put the above card in a cash withdrawal machine installed at the place, and enter the password, and withdrawn 1,000,000 won in cash owned by the victim.

The defendant shall be the defendant.