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(영문) 수원지방법원 2012.12.28 2012고단686
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. At around 16:00 on June 7, 201, the Defendant: (a) stolen a new bank credit card owned by the victim, a new bank owned by the victim, from the victim’s wall where the victim was placed on his/her own ties in D’s house located in Gwanak-gu Seoul Special Metropolitan City C307; and (b) stolen a copy of the transportation card.

2. Larceny and violation of the Specialized Credit Finance Business Act;

A. On June 7, 2011, at around 18:00, the Defendant, at the time of the cash automatic withdrawal managed by the victims of the non-persons’ names in the mutual effort in the Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (a) released and stolen KRW 50,000,000 in total on two occasions by inserting the cash withdrawal machine; and (b) inputting the identification number already discovered; and (c) used the stolen credit card.

B. At around 19:00 on June 7, 201, the Defendant, at around 19:00, was an automatic cash withdrawal administered by the victim’s name in the convenience store in the Eunpyeong-gu Seoul Metropolitan Government, who was in the convenience store for the Eunpyeong-gu. Around 19:0, the Defendant withdrawn and stolen KRW 300,000 in cash, and used the stolen credit card.

At around 08:00 on June 8, 201, the Defendant, at around 08:0, made cash withdrawal, which is managed by the victims of non-confluence on the mutual aid convenience store for children, the Defendant: (a) withdrawn and stolen KRW 500,000 in cash by the aforementioned method; and (b) used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (general);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 329 of the Criminal Act concerning facts constituting an offense, Article 70 (1) 3 of the Specialized Credit Financial Business Act (Selection of Imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is judged desirable that the defendant of Article 62 (1) of the Criminal Code of the suspended execution has many records of juvenile protection cases, but it is desirable to provide an opportunity to grow as a sound member of society because he/she has yet to reach the age.

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