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(영문) 수원지방법원 성남지원 2018.04.06 2018고단17
절도등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. Larceny;

A. On July 18, 2017, around 08:00 on July 18, 2017, the Defendant taken up a copy of the C00-gu Seoul, Gangnam-gu, a residence of the victim B, who is the Defendant’s seat, which was located on the west of the said victim’s residence, for a national bank in the name of the victim’s custody.

As a result, the theft was committed.

B. On July 18, 2017, the Defendant, around 08:32, 2017, posted the physical credit card of the national bank in the name of Samsung Samsung-ro 406, as described in paragraph (a) at the north branch of the Seoul Gangnam-gu National Bank for the Victims of Samsung-ro 406, in the cash withdrawal season and entered a password known to ordinary people, and then withdrawn KRW 1 million in cash managed by the National Bank of the Victims and stolen it.

2. On July 18, 2017, the Defendant used computers, etc.: around 08:35, 2017, the Defendant entered information on the cash withdrawal of the Defendant’s personal bank’s check cards in the name of Samsung-ro, Gangnam-gu, Seoul, 406 National Bank, as described in paragraph 1(a), and transferred KRW 5 million to the Defendant’s account in the name of the Defendant’s name by inserting the password and KRW 5 million owned by the Defendant’s national bank.

Accordingly, the defendant acquired property benefits equivalent to 5 million won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the list of seized articles and photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is against the defendant's wrongness, the defendant agreed with the victim, and the defendant after 205.

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