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(영문) 서울북부지방법원 2013.10.31 2013고단1752
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A theft Defendant: (a) around 07:00 on January 30, 2013, at the “D” in which the Defendant in Seongbuk-gu Seoul Metropolitan Government Defendant works as an employee; (b) came to know of the password by withdrawing cash from the victim E with the victim’s cash card from the customer E, upon the request of the victim; and (c) holding one copy of the Agricultural Cooperative Cash Card owned by the victim, on the list of the victim’s rooms.

Accordingly, the defendant stolen the victim's property.

2. The Defendant, as indicated in paragraph 1, conspired to withdraw money from the cash automatic machines using the Agricultural Cooperative Cash Card owned by E, which was stolen, as indicated in paragraph 1, with the Defendant’s name-free female (F) and the Defendant released money from the cash automatic machines. On January 30, 2013, around 09:48, the Defendant reported the network in front of the cash payment period at the entrance of H convenience points located in G in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the Defendant reported the network by side, and the name-free victim then released cash from the cash payment period to the “I”, and the amount of money withdrawn is KRW 300,000,000, KRW 150,000.

The Defendant, in collaboration with a name in bad faith, withdrawn and stolen the total amount of KRW 750,000,000 owned by the NongHyup Bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to each photographic and internal investigation report (the security of CCTV data for a cash withdrawal machine);

1. Relevant Article 331(2) and (1) of the Criminal Act, Articles 331(2) and (1), 329 of the Criminal Act, and choice of imprisonment with prison labor for larceny

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Special Theft)

1. The punishment as ordered shall be determined in consideration of the fact that the reason for sentencing under Article 62 (1) of the Criminal Act is small amount of damage, the total amount of damage is deposited, and the depth is reflected, etc.;

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