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(영문) 서울남부지방법원 2020.05.06 2019고단2563
절도등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be returned to the victim.

Reasons

Punishment of the crime

1. A thief, around January 27, 2019, at the victim C’s house located in Yangcheon-gu Seoul Metropolitan Government on January 27, 2019, the Defendant stolen the thief’s cash card owned by the victim and then stolen it by taking out one copy of the victim’s household cash card owned by the victim who was located in the inner bank within the inner bank.

2. Fraud by using computers, etc.;

A. On January 28, 2019, the Defendant, at around 20:57, entered a stolen cash card in the cash automatic machine installed near the north Branch of the FF Association in Yangcheon-gu Seoul, Yangcheon-gu, and entered a password prior to entering the same, and then transferred KRW 2.7 million from the D Union account linked to the said cash card to the financial account under the Defendant’s name, and had the information processed by entering information without authority in the computer or any other information processing device, thereby obtaining pecuniary benefits of KRW 2.7 million.

B. On January 30, 2019, at around 19:56, the Defendant acquired property benefits equivalent to KRW 2.5 million by transferring KRW 2.5 million to a financial account under the name of the Defendant in the same manner as the foregoing paragraph (a) and allowing an information processing device, such as a computer, to input information without authority.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A copy of the bankbook of the victim's G name;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on details of transfer;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is very poor for the Defendant to commit an offense, such as sending the victim with a Vietnamese rate by providing him/her with accommodation, and stealing cash cards of the victim, and transferring money from the account linked to the card to the Defendant’s account twice.

A victim.

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