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(영문) 수원지방법원 2012.10.26 2012고단3488

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around December 2011, the Defendant was a person who worked as a guardian at the G Hospital in the Gyeonggi-do Suwon-si Hospital, and C was hospitalized in order to receive the treatment of alcohol addiction from December 12, 201 to February 20, 2012.

On January 2012, the Defendant, along with C, attempted to obtain his/her identification number and cash card change from the victim E store located in the Gyeonggi-do Suwon-si District E, Gyeonggi-do, and attempted to obtain his/her identification number. On January 2, 2012, C, who was in custody of the social welfare and safe office of Pyeongtaek-si Hospital, had his/her new bank card withdrawn and stolen his/her cash from his/her account.

At around 13:00 on January 31, 2012, the Defendant withdrawn KRW 19,120,800 in total over 25 times, as indicated in the attached list of crimes, by inserting the said cash card, which was taken off from a credit cooperative, and inputting the password, in a cash withdrawal of the victim’s management at the above new bank E point, and then withdrawing KRW 1,00,000 in cash from that time.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement prepared by the defendant;

1. Application of the Acts and subordinate statutes on screen pictures following a CCTV closure;

1. It is so decided as per Disposition in consideration of the following: (a) the Defendant’s crime of this case subject to Article 329 of the Criminal Code of the relevant criminal facts under Article 329 of the Criminal Code, which led to a situation where the victim was unable to properly undergo hospital treatment and care due to the economic difficulties; (b) the victim failed to recover from damage; (c) the victim strongly wants to punish the Defendant; (d) the victim did not have any criminal history of the same kind of crime; (d) there

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