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(영문) 수원지방법원 안양지원 2018.10.05 2018고단1313
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On December 18, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court, and on September 20, 2017, the Seoul East Eastern District Court completed the execution of the sentence.

[Criminal facts]

1. On March 3, 2018, the Defendant stolen a e-mail card owned by the victim B with two e-mail cards connected to the E-bank account (F) located within the victim’s wall for the purpose of withdrawing cash from the E-bank automatic payment machine, without the victim’s permission, at the residence of Annyang-gu Mayang-si C and D (B) around 09:40 on March 3, 2018.

2. On March 3, 2018, on or around 10:02, the Defendant, at the time of cash withdrawal, posted the said card’s identification number to a cash automatic payment machine prior to a cash automatic payment machine No. 35 of the E bank name school located in Boan-gu Madong-gu, Mayang-si prior to the cash automatic payment machine No. 35 of the E bank name school located in G Building, and then deleted the said card’s identification number, and then withdrawn KRW 2 million in cash of the manager of the said automatic payment machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (Analysis of CCTV for the E bank - Confirmation of the withdrawal of cash);

1. Previous convictions: Inquiry into criminal history, current status of personal confinement, and application of each statute of the judgment;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations in accordance with the sentencing guidelines] - Theft - The area of aggravation (10 to 2 years) in the area of aggravation (10 to 2 years) in the second category (general larceny) in the general property - The scope of the final sentencing due to the multiple aggravated crimes of the same kind, which do not fall under the specific crime aggravated (a repeated crime): The attitude seems to be that the confession of and reflects the crime from October to 3 (decision of sentencing).

However, there have been a number of penalties including punishment for the same crime.

Criminal has been committed again during the period of repeated crime due to the same crime.

. These circumstances;

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