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(영문) 인천지방법원 2013.04.05 2012고단6469
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 06:00 on May 19, 2012, the Defendant, using any cres in and around Incheon Bupyeong-gu Seoul Building Office, took a theft with NHFF Cze Card 1, and then came from NHFFFFFFFFFFFFFFFF at around 06:07 on the same day, around 06:07, around 356-4, in a cash payment machine managed by the victim's FFFFFFFFFFF, the Defendant collected 1,00,000 won by withdrawing the password known to the victim D before, and then inserting 1,00,000 won by inserting the password at around 06:40 on the same day, one of the aforementioned 50,000 won was installed at the KFFFFFF’s branch, and one of the aforementioned 5,000 won was installed at the KFFFFFFFFFFFFFF, and then withdrawn 1,005,05,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes confirming the details of deposit and withdrawal transactions;

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [ normal conditions favorable to the defendant] The defendant confessions the facts of the crime and reflects to the victim D, and the victim was working for the company run by the victim D while working for the company operated by the victim D. However, the crime of this case was committed while the victim was committed, but the victim was working again to the above company after the crime of this case (the circumstances unfavorable to the defendant) can be punished for the same kind of crime (one time of punishment and three times of fines)

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