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(영문) 춘천지방법원 강릉지원 2013.11.27 2013고단475
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment drinking house with a mutual name “E” in the D market at three times.

1. On February 19, 2013, at around 13:00, the Defendant, at the main point of the operation of the above Defendant, sent a F’s cash card to customers, and notified G, a main store employee who is aware of the fact, of the said cash card, of the password, and issued an order to withdraw cash.

Since then, at around 15:02 on the same day, G entered the said cash card in a cash payment machine managed by the 3rd party No. 5-102, Namyang-dong, Namyang-dong, 15:00,000 won, and subsequently, at around 16:13 on the same day, the Defendant stolen the said money by receiving a total of KRW 2.6 million, which was additionally withdrawn from around 16:15 on the same day.

2. On March 17, 2013, at around 22:00, the Defendant: (a) carried out the said Defendant’s agricultural card of H’s cash to customers; (b) informed G, a main employee of the said cash card, who is aware of the fact, of the personal identification number; and (c) released the cash number by an influence method; and (d) instructed G to withdraw it.

On March 18, 2013, G around 04:28, the Defendant stolen the said money by receiving a total of KRW 1,500,000,000,000, which was additionally withdrawn from KRW 500,000,000 on the same day, when G came to a cash payment period managed by Samyang-dong 55-102, Samyang-dong, Samyang-dong, 300,000.

The prosecutor prosecuted the victim of this case as a cash card holder, but the above person appears to have opened cash cards to the defendant for the purpose of paying the drinking value. However, the defendant voluntarily withdraws money more than the drinking value, and the case is the victim's moving cash to his control against the will of the cash card manager.

However, all of the facts charged by the Defendant.

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