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(영문) 서울중앙지방법원 2013.11.29 2013고단6468
특수절도
Text

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

Reasons

Punishment of the crime

On January 7, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Busan District Court Branch of the Incheon District Court, and completed the execution of the sentence around November 2, 201.

At the office of AB operated by AB in Jinju-si, the Defendant discovered a passbook in the name of AC used by AA, attempted to withdraw cash by using it, and had the above AC passbook with intent to withdraw cash.

1. On January 19, 2013, the Defendant: (a) posted the head of the said agricultural cooperative head at the Seocho-si, Seoul Special Metropolitan City, Seocho-si; (b) entered the cash automatic machines managed by the said agricultural cooperative branch located in the area, and then withdrawn KRW 100,000,000,000,000, which was known in advance; and (c) Y ran the Defendant on the front side of the said Seocho-si branch before the said Seocho-si branch, while boarding the Y Y and driving the Y with the Defendant aboard.

As a result, the defendant stolen the property owned by the victim together with Y.

2. On January 19, 2013, at the first place in Jinju-si, Seoul Special Metropolitan City, the Defendant entered the above head of the Tong, and entered the password, which was known in advance, on three occasions, at the cash automatic machines managed by the victim side agricultural cooperatives established in this area, and Y ran her her driver her her driver her on the front of the said first place before the said front point, and her driver her her driver her with the network more than the Defendant on the front of the said front point.

As a result, the defendant stolen the property owned by the victim together with Y.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the defendant by the prosecution (including the A's statement part);

1. Each statement made by the police officer in relation to AD and AE;

1. Statement of deposit transactions withdrawn by suspects;

1. Each image of CCTV images, if a business trip is made in cash;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in inquiries, such as criminal records, and investigation reports (report accompanied by a written judgment);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The Criminal Act for aggravated repeated crimes.

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