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(영문) 서울서부지방법원 2013.04.16 2013고단542
절도등
Text

A defendant shall be punished by imprisonment for four 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

On October 19, 2012, the Defendant was sentenced to a fine of 500,000 won for larceny by the Seoul Western District Court, and a fine of 500,000 won for larceny by the Seoul Western District Court on January 7, 2013, and the same criminal records are two times.

1. Around 16:00 on May 12, 2012, the Defendant acquired gallon 2 cellphones equivalent to 900,000 won, which are owned by the victim C, in the guest room of the New Village subway 2 line located in Mapo-gu Seoul, Mapo-gu, Seoul.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. Larceny;

A. A. On July 17, 2012, around 20:00, the Defendant: (a) lent a route to the victim D in a street near the new village located in Mapo-gu Seoul Metropolitan Government Nowon-gu; (b) caused the victim D to talk with each other; and (c) released KRW 200,000 from the victim’s corporate bank account at the new village of the neighboring credit union; and (d) provided drinking alcohol to the victim.

Since then, around 21:20 on the same day, the Defendant stolen 200,000 won in cash and one credit card of corporate bank owned by the victim and 200,000 won in the front of the victim's home, using the victim's locked eye while having talked with the above victim at Mapo-gu Seoul Emin.

B. On July 17, 2012, around 21:22, 2012, the Defendant: (a) included the credit card of the D company bank that was stolen, and then withdrawn 670,000 won after entering the password, which was known in advance, in a cash withdrawal administered by the victim at the new village of the Mapo-dong, Mapo-gu, Seoul Metropolitan Government 49-31; and (b) deleted it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of damage from D;

1. Statement to C by the police;

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

1. Relevant Article of the Criminal Act and Articles 329 and 360 of the Criminal Act concerning the selection of criminal facts;

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