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(영문) 의정부지방법원 2020.02.13 2019고단4129
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, upon the introduction of B through a human resources office, became aware of the password of B's house door password and B's cash card for both credit cards.

1. From March 18, 2019 to March 19, 23:00 on to March 19, 2019, the Defendant: (a) obtained the entrance door password in front of the house of the victim B located in the D apartment in Namyang-si, Namyang-si; (b) obtained a cash card for the combined use of the victim’s credit card owned by the victim B (hereinafter “C card”) and 3.50,000 won in cash in the cresh.

2. At around 01:30 on March 19, 2019, the Defendant collected B’s name C card, which was stolen, as described in paragraph (1), from the cash withdrawal machine that was managed by the Buddhist victim at the F Bank’s top point located in Gyeonggi-si, the Defendant then withdrawn KRW 1,000,000 in cash by entering the withdrawn amount and the password, and then withdrawing KRW 1,00,000 in total more than 10,000,000 in total as indicated in the attached list of crimes Nos. 1 through 10, and stolen the victims’ property.

3. Around March 19, 2019: (a) around 09:35, the Defendant: (b) collected B cards in the name of B, as described in paragraph (1), from an integrated ATM period that is managed by the Buddhist victims in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (c) entered the withdrawn amount of KRW 300,000 and password; and (d) withdrawn KRW 300,000 in cash as cash services; and (c) withdrawn KRW 90,000 in total three times as indicated in the attached list of crimes Nos. 11 through 13; and (d) used a stolen credit card that steals the victims’ property and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copy of the bankbook and details of account transactions;

1. CCTV images;

1. Application of Acts and subordinate statutes on utilization records;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense and Article 330 of the choice of punishment (the occupation of larceny at night);

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