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(영문) 수원지방법원 2017.10.11 2016고단5134
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 11, 2015, the Defendant was sentenced to eight months of imprisonment for fraud in the support of Suwon Friwon, and the execution of the sentence was terminated on February 10, 2016 at the Gisung Vocational Training Correctional Institution.

1. On July 16, 2016, the Defendant: (a) withdrawn cash instead of the victim as the victim B was unable to enter passwords in the automatic withdrawal machine under the influence of the victim B at a convenience store located in the hand-on and hand-on operation of Suwon-si, Suwon-si on July 16, 2016; and (b) withdrawn cash with two copies of the bank or debit card issued by the victim’s U.S. bank or debit card; and (c) returned only one of the above debit cards to the victim; and (d) cut off with one of the rest.

2. On July 16, 2016, the Defendant, at around 03:30, collected and stolen the debit cards of Korean banks, which were used in the name of the Party B, from the cash withdrawal machine installed at a convenience store located in Suwon-si, Suwon-si, Suwon-si, as above, and withdrawn KRW 520,000 in total on two occasions, including KRW 30,000,000, around 03:32, and KRW 220,000, around 00.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared B;

1. Photographss of the details of cash withdrawal, investigation reports (CCTV investigation), CCTV photographs, and CCTV photographs of cash branch offices;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and an investigation report (the confirmation of crimes during the period of repeated offense);

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

1. Taking account of the fact that the Defendant committed each of the crimes of this case since the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has not long elapsed since the Defendant was released from the criminal for a repeated offense as indicated in the judgment, and that there was a history of having been punished several times for the same criminal records, and that there was no agreement with the victim.

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