절도
A person who commits the crimes of Articles 3 and 4 in the judgment of the defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, Articles 1 and 2-2.
Punishment of the crime
On June 20, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on June 28, 2012.
The defendant was living in Dongdaemun-gu Seoul Metropolitan Government around 1998 and frequently drinked the victim D from that time to that time.
1. Around 06:00 on March 11, 2010, the Defendant cut off the gap of KRW 200,000 in cash from the wallet that the victim was under influence of alcohol from other victim’s wallet in Seoul Dongdaemun-gu. Around 06:00 on August 11, 2010, the Defendant cut off the gap of KRW 400,000 in cash from the wallet in the victim’s house located in Changwon-si, Changwon-si F at around 06:00 on August 201, 2010 on the part of other victim’s wall located in the victim’s house, which was locked by the victim. Around 13:00 on September 26, 2012, the Defendant dived the victim’s money, which was under influence of alcohol in front of “H restaurant” located after the Jongno-gu Seoul Metropolitan Government G pharmacy, and 100,000,0000,00 mobile phone card.
4. On September 26, 2012, from around 15:06 to around 15:13, 2012, the Defendant: (a) put a personal identification number, which was known in advance, in a cash automatic withdrawal machine installed at a place within the 55-dong of Dongdaemun-gu Seoul, Dongdaemun-gu; and (b) withdrawn KRW 1,759,000 in cash and stolen another person’s cash.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Previous conviction: Application of a reply to criminal records and investigation reports (a copy of the judgment) Acts and subordinate statutes;
1. Relevant provisions of criminal facts: Article 329 of the Criminal Act;
1. Handling concurrent crimes and exemption from punishment: The punishment shall be exempted in consideration of the equity among the cases where the judgment is rendered at the same time, such as the following: the latter part of Articles 37 and 39(1) of the Criminal Act (along with the fact that the amount of damage to the crime of fraud, which has become final and conclusive on the market, is a relatively small amount of KRW 7.
1. Concurrent Crimes: the former part of Article 37 and Article 38(1) of the Criminal Act;