beta
(영문) 창원지방법원 마산지원 2013.11.27 2013고단185

절도

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant, at around 01:10 on November 30, 2012, committed a theft of the said cash card to withdraw cash by making it known of the victim’s password by taking the cash card from the victim B, who was the customer, to find 50,000 won in cash.

1. At around 03:00 on November 30, 2012, the Defendant: (a) taken off one copy of the cash card of Gyeongnam Bank owned by the victim and stolen it by taking advantage of the cresh in which the said victim was off, she was locked, and was locked; and (b) she took off the victim’s crepit; and (c) cut off the cash card of Gyeongnam Bank owned by the victim.

2. On November 30, 2012, from around 04:02 to 04:07, the Defendant: (a) withdrawn 3,012,000 won over 10 occasions against the will of the manager of the cash payment period, who was the victim, using a stolen cash card from an enterprise bank cash payment period, located in 225-14, Masan-si, Masan-si, Masan-si; (b) and (c) used a stolen cash payment period, as set forth in paragraph (1).

3. On November 30, 2012, from around 04:09 to December 04:12, 2012, the Defendant withdrawn total of KRW 1,908,400 on seven occasions against the will of the person in charge of cash payment, who is the victim, from a company bank cash payment machine located in 244-9, 244-9, Changwon-si, Changwon-si, Changwon-si, a member of Changwon-si, and stolen it.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes requesting cooperation in investigation affairs;

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (Unjustifiable to issue an order for compensation);