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(영문) 대전지방법원 천안지원 2017.03.31 2016고단2186 (1)

특정범죄가중처벌등에관한법률위반(절도)

Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 10, 2016, the Defendant solely committed the Defendant’s criminal act: (a) committed the instant instant singing clubs located in Seo-gu, Seoan-gu, Seocheon-gu (hereinafter “instant singing clubs”) with the victim C on his/her tables, and stolen the Defendant, having one copy of the No.C., the Defendant owned by the victim.

2. On August 10, 2016, the Defendant and F, the Defendant and F, and F, committed the joint criminal acts, using a page message and telephone around 19:00 on August 10, 2016, the Defendant, like paragraph 1, conspired to have F withdraw cash from a nearby cash withdrawal machine and divided it.

F around 02:30 on August 11, 2016, at around 02:0, the Defendant’s scambling from the instant singing club, as set forth in paragraph 1, and the F, entered the cambling card and its password in front of the H convenience store located in G at around 03:06 on the same day, and then withdrawn the sum of KRW 3,013,000,000 in cash managed by the Victim’s Nit for a total of 10 times on ten occasions, after entering the said cambling card in front of the H convenience store located in G and entering the password. At around 03:23,000 on the same day, the cash stored in the said cash withdrawal machine was removed from the cash withdrawal machine in front of the J branch located in G at around 301,30,000 at one time, and withdrawn the total amount of KRW 301,70,000 in the same manner.

As a result, the defendant and F conspireds to withdraw the total amount of 5,724,700 won in cash managed by the victims with the physical card without legitimate authority and they stolen each.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by each prosecutor with respect to F;

1. A written statement of damage C;

1. On-the-spots, letter-to-mail photographs, CCTV image data-cape details; applying J-to-beop prior to the main point;

1. Article 329 of the Criminal Act and Articles 329 and 30 of the Criminal Act (in cases of the crime as indicated in the judgment, Article 30 of the Criminal Act shall be deleted) and the selection of each fine for the crime;

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

1. Attraction of a workhouse;