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(영문) 대전지방법원 2012.11.30 2012고단2432
절도
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged of this case was that the Defendant, around February 2002, 2005, faced the victim C with a pety relationship for the first time and about two years with the pety relationship, and had the key to the above victim's house, and then, the Defendant did not know of the key to the house of the above victim. The Defendant released the card and money from the house to use it as living expenses, etc., with the relation to the relation where the Defendant did not know of calculating the money or withdrawal of money, etc., and was going to the house cremation with the relation where the Defendant was going to the house cremation with the head of the Tong, etc. and did not have any way to use it as a means of living expenses.

Accordingly, around July 29, 2006, the defendant entered the house of the above victim, which is located in the Seoul Special Metropolitan City, 110 Do 101, Dong-dong D building 101, and had a cash card to withdraw money in connection with the bank passbook (E) owned by the victim, which was kept in the cremation room, and then withdrawn 300,000 won in cash from the automatic payment machine of the community credit cooperatives located in the same Dong-dong, Dong-dong.

From around that time to April 8, 2010 to around 160 times, the Defendant withdrawn and carried out approximately KRW 34,520,700 in total by the aforementioned means, as shown in the attached list of crimes.

Accordingly, the defendant stolen the victim's property.

2. On this basis, the defendant and his defense counsel did not withdraw money from the victim's passbook prior to 2008, and from 2008 to 2010, the defendant withdrawn money from the defendant's passbook with the consent of the defendant and used money as the joint living costs of the defendant and the victim.

According to the results of the fact-finding on the witness C's testimony, the fact-finding on the Ethical branch of the National Bank of Korea, and the head of the passbook transaction, the defendant from around 2002 to the victim's house, and the victim himself.

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