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(영문) 서울서부지방법원 2017.08.16 2017고단1648
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. After the Victim C’s residential intrusion and theft with the Victim C, the Defendant came to know of the Victim’s present door passwords with the Victim C, thereby attempting to enter the Victim’s house and steals the card.

On December 2, 2016, at the end of 10:00, the Defendant came to the victim’s house located in Eunpyeong-gu Seoul Metropolitan Government D 601, and the victim went to work and classified the front door password, which was known in advance, into the victim’s house, and intrudes upon the victim’s house, and one copy of the treatment securities card, which is owned by the victim in the inside and outside of the place.

They go back.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. A theft against the victim Han Bank, etc.: (a) around January 16, 2017, around 13:29, the Defendant had stolen as described in the foregoing 1. paragraph, in a cash withdrawal machine managed by one bank located at the point of Han Bank's response 108 in Eunpyeong-gu Seoul, in Eunpyeong-gu, Seoul, at a level of 108.

A total of 38,100,000 won were collected by inserting the treatment securities card in the name of C and inputting the withdrawn amount of KRW 1,000,000 and password of KRW 1,00,000 in cash from that time to April 13:12, 2017.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Application of Acts and subordinate statutes to a report on investigation (detailed statement of card transactions);

1. Relevant Article 329 of the Criminal Act, Articles 329 and 319 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been stolen from a female house with reason of sentencing and has withdrawn all the money on the card. The amount of damage is large and the damage is not entirely restored.

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