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(영문) 청주지방법원 2017.08.04 2016고단2515
절도등
Text

A defendant shall be punished by imprisonment for six 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 September 14, 2016, the Defendant: (a) took advantage of the vehicle keys owned by the victim D (hereinafter “C”) in front of the Cheongju-si, Cheongju-si, Cheongju-si (hereinafter “C”); (b) opened a door of the Victim Dless vehicle; (c) cut off one copy of the physical card owned by the victim, which is displayed on the front light of the pertinent sunlight.

B. On September 14, 2016, at around 21:35, the Defendant: (a) entered a password with the victim’s OO located at the “H convenience store” located in G, which was managed by the victim’s OO located therein; (b) withdrawn KRW 300,000 in cash from the cash withdrawal machine managed by the victim’s OOO; and (c) withdrawn and steals the password with the stolen O card as described in the preceding paragraph.

From 07:06 on the same day, the Defendant, including this, withdrawn a total of KRW 7,200,000 in cash over 25 times, such as the one copy of the annexed crime list 1.

2. On September 15, 2016, at around 07:14, the Defendant: (a) entered the password of a victim’s post office account in the name of the Defendant, which had been aware of prior to the towing period, such as the entry in the automatic cash withdrawal machine from a new bank, located two-lane 2, a shopping district center center at Sinsi-si, Seoul; and (b) transferred KRW 6,000,000 to the Nong Bank account (I) in the name of the Defendant; and (c) obtained pecuniary benefits equivalent to the said money.

By December 21:32 of the same day, the Defendant, without authority, transferred 18,850,000 won in total to the Defendant’s agricultural bank account by using the check card of the victim who stolen, such as the previous sheet 2 attached hereto, to five times in total, and acquired pecuniary benefits equivalent to the above money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. One copy of on-site photographs, copies of bankbooks, and inquiries about details of financial transactions;

1. Police seizure records and list of seizure;

1. Application of investigation reports (1) and internal investigation reports (11) and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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