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(영문) 대구지방법원 2017.05.31 2017고정756
절도
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a woman of B, who died on September 9, 2016, and is the mother of the victim C.

1. A thief: (a) around September 13, 2016, the Defendant withdrawn KRW 500,000 from the Daegu Bank account in the name of B, using the Daegu Bank passbook in the name of B, which was held in advance at the cash withdrawal period managed by the Daegu Bank; (b) and (c) then withdrawn KRW 700,000 from the Agricultural Bank account in the name of B via the Agricultural Bank Account in the name of B, which was held in advance at the cash withdrawal period managed by the Agricultural Cooperative of the said victims; and (c) subsequently, the Defendant stolen the said amount by withdrawing KRW 70,000 from the Agricultural Bank account

2. On September 15, 2016, the Defendant used computers and others entered illegal orders, such as passwords, transfer amount, etc., without authority, using the agricultural bank passbook in the above name B, which was held in advance at the time of the Defendant’s cash withdrawal machine located in Sinsan-si, Sinsan-si, and then acquired pecuniary benefits equivalent to the above amount by allowing the Defendant’s account from the victim C, to transfer KRW 530,000 from the Defendant’s account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the selection of each fine for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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