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(영문) 수원지방법원 안산지원 2013.10.23 2013고정1105

절도

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant discovered that the victim C had a locking room on the front line of the subway 4 lines, and had a view to thefting the damaged goods within the subway 4 lines.

Around 18:40 on March 26, 2013, when the scrap metal that the Defendant embarked on the “Bed area” 27-1, Ansan-si, a member of Ansan-si, 2013, the Defendant stolen the amount of KRW 1.50,000 at the market price, such as a bank owned by the victim and a wall, school supplies, books, new card, and passbook in the front line.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared in C;

1. Inquiries and answers to inquiries;

1. Application of the Acts and subordinate statutes concerning photograph and CCTV-cap data;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that at the time of the instant case, the Defendant thought that the victim’s bank that was put on the front half of the ship was lost and that there was no intention to commit fraud. However, in full view of the following circumstances acknowledged by the aforementioned evidence, the Defendant did not return the bank to the lost property center, and that the Defendant attempted to use the victim’s check card in the name of the victim inside the bank, it can be recognized that there was a criminal intent to commit fraud sufficiently. Accordingly, the Defendant’s above assertion is rejected.