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(영문) 서울서부지방법원 2014.05.27 2013고단1891
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 22:00 on June 3, 2013, the Defendant, at the victim C’s house located on the fourth floor of the Seodaemun-gu Seoul Metropolitan Government Seodaemun-gu D building D, with the bank account (E) passbook in the name of the victim, and the check card connected to the account, and stolen it.

2. On June 3, 2013, around 22:39, the Defendant withdrawn KRW 2,500,000 in cash by inserting a physical card under the name of the victim C and inputting a password into the cash withdrawal administered by the victim Korean bank located in the north-dong, Seodaemun-gu Seoul, Seoul, at the north-dong of the bank, as seen in paragraph (1) of the above paragraph, and then withdrawing KRW 440,000 in cash from the cash withdrawal managed by the victim bank. On the same day, around 23:41, the Defendant released KRW 23:40,00 in cash from the cash withdrawal managed by the victim bank.

Accordingly, the defendant stolen the victims' property.

3. At around 05:40 on June 6, 2013, the Defendant, at the house of the above paragraph 1. C, puts the above physical card in a cash withdrawal machine, which is installed at the H convenience store in G, with a cream card (F) in the name of Korea, and entered the password in a cash withdrawal machine, which manages the efficacy of the victim corporation, which is located in G, and then withdrawn KRW 400,000,000, around 05:48, around 100,000.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Seizure records;

1. A statement of account transactions in Korean banks E;

1. Requests for cooperation in investigation and CCTV data for cash withdrawal;

1. Application of C-name Postal Card Transactions Documents to the Acts and subordinate statutes;

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Article 333(1) of the Criminal Procedure Act for Return;

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