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(영문) 전주지방법원 2012.12.11 2011고단2705

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was affiliated with B from April 7, 2010 to April 31, 201, and was employed as assistants of visually impaired C.

At the end of July 2011, the Defendant received the No. D’s No. C’s account balance from C to check the balance of the No.C’s account, and confirmed the balance of the No.C’s account, and then returned the No.C’s No.C. card in the name of the Defendant to C as if it were the No.C.C. card in the name of the Defendant was the No.C.

Around August 7, 2011, the Defendant, without permission of C, released cash with the Nonghyup Card in the name of D, with an intention to pay the Defendant’s debt, and entered the Nogym card in the name of NA, which was administered by the Agricultural Cooperative Federation established in the Geumdong-gu Seoul Special Metropolitan City, Geumcheon-gu, Seoul Special Metropolitan City, and withdrawn KRW 2,00,000,000 in cash on two occasions, and subsequently withdrawn KRW 11,09,000 in total, as indicated in the attached list of crimes.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on account transactions;

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

1. From among concurrent crimes, a punishment the same as the order shall be determined by taking into consideration the following: (a) arbitrarily withdrawing and using money with the physical card of the visually impaired person while working as an assistant of the visually impaired person for sentencing reasons under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; (b) the amount of damage is large; and (c) the amount of damage is not paid; and (d)

It is so decided as per Disposition for the above reasons.