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(영문) 인천지방법원 2021.01.28 2020고단4961
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B and the Michuhol-gu Incheon, and the studio stude, residing together with subparagraph D.

1. At around 00:55 on May 9, 2020, the Defendant stolen a credit card theft with a e-mail card of a corporate bank owned by the victim, which was placed on the top of the victim, regardless of whether the victim was diving.

2. On May 9, 2020, the Defendant: (a) at F’s convenience store located on the first floor of the instant officetel 1, 2020; (b) at the convenience store managed by the victim’s name and influence management manager, entered the instant B’s check with the victim’s name, and withdrawn and stolen KRW 100,000,000 from that time, after entering the password already known, and then withdrawing KRW 5,940,000 from May 9, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to the photograph of cash withdrawals and the details of transactions of deposits;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to nine years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Each theft [Determination of Type] thief (No. 2] General larceny [No person subject to special sentencing] (the territory of recommendation and the scope of recommended punishment], six months to one year and six months; and

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Six to two years of imprisonment (the maximum of crimes No. 1/2 of the maximum of crimes No. 2).

3. Determination of sentence: Imprisonment with prison labor for a period of four months, which is disadvantageous to a year of suspension of execution: In light of the methods and contents of each of the crimes in this case and the scale of damage, the quality of the crimes in this case shall not be mitigated;

The damage has been restored until now.

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