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(영문) 서울남부지방법원 2015.11.16 2014고단4012
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 03:00 on July 24, 2014, the Defendant became aware of the above card password, next to the Defendant’s withdrawal of cash from an automatic receiving machine using a corporate bank body card (E), at the second floor of the building B located in Gangseo-gu Seoul Metropolitan Government.

1. On July 24, 2014, around 08:10 on July 24, 2014, the Defendant: (a) administered the Gamoel located in Gangseo-gu Seoul Metropolitan Government F with the victim; and (b) the victim lockedd with the victim by using the crepan, thereby thefting one copy of the said corporate bank’s physical card, which was inside the victim’s wall, following the victim’s escape.

2. On July 24, 2014, at around 08:15, the Defendant collected 600,000 won in cash twice by inserting a corporate bank cream card in the name of D, which was stolen in advance from “I” located in Gangseo-gu Seoul Metropolitan Government H, and inputting the withdrawn amount and password.

On July 24, 2014, at around 09:41, the Defendant collected the corporate bank cream cards in the name of D, which were stolen in advance, from “K located in the Gangseo-gu Seoul Metropolitan GovernmentJ,” and withdrawn the cash amount of KRW 5 million on five occasions.

Accordingly, the defendant stolen a total of 5.6 million won in cash kept by the manager of each of the above cash withdrawal machines.

Summary of Evidence

1. Part of each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement regarding D;

1. A statement of transactions of automatic cash withdrawal machines;

1. Investigation report (Investigation of the contents of text messages from the victim's mobile phone);

1. A report on investigation (a CCTV investigation around the scene of a crime);

1. Investigation report (the recorded recording of suspect A and victim D, and the production of CDs);

1. Application of Acts and subordinate statutes to investigation reports (related to the submission of detailed statement of transactions by account of victims);

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. The former part of Article 37 of the Criminal Code among concurrent crimes.

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