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(영문) 수원지방법원성남지원 2020.09.24 2020고정269

절도

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a company member.

On September 16, 2019, from around 11:50 on the same day to around 12:10 on the same day, the Defendant: (a) from the first floor of the 'C Bank located in the Gyeonggi-si branch of the Gyeonggi-si branch of the Gyeonggi-si, the victim D (n, 61 years of age) on the ATM device; (b) and (c) 1 'TM device' of a woman holding card, identification card, cash 300,000 won at the market price, which is 80,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of the statutes governing field photographs and CCTV images CDs;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his defense counsel held the victim's wallets on the ATM device at the time of the instant case, but only carried it to find the owner, and that the defendant delivered the above wall to the woman who is the owner immediately after it.

However, in full view of the following circumstances that can be confirmed through CCTV images, the above assertion should not be accepted, since the defendant was recognized to have stolen the wall of this case with the intention of unlawful acquisition.

① At the time of the instant case, the Defendant discovered wallets on ATM devices, and was unaware of who was, at any time, left the wallets.

Furthermore, after finding the instant wall, the Defendant was first going to the second floor bank through the stairs, and returned to the first floor and returned to the entrance, and approximately 1/1 of the space was additionally required.

In light of the fact that the identity of the owner of the wall cannot be known, the time of loss of the wall cannot be known, and that at least one minute has passed after the wall was lost, the Defendant’s change that she cited the wall to find the lost person directly is the same.