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(영문) 창원지방법원진주지원 2020.10.21 2020고단1615
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 22, 2018, the Defendant: (a) obtained approval for card loan cash services by inserting credit cards in the said cash payment machine and inputting the information related to cash services, such as a password, in the cash payment machine operated by the Victim C Bank in Jinju-si; and (b) stolen KRW 13 million in total on seven occasions as shown in the attached list of crimes from November 2, 2018 to November 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on lending details, recording records, and specification of transactions;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 326 of the Criminal Act and the choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order: Article 62-2 of the Criminal Act;

1. Bearing litigation costs: The person who received cash services several times with credit cards from other persons on the grounds of sentencing in the main sentence of Article 186(1) of the Criminal Procedure Act without permission, and no substantial damage recovery has been made;

However, it seems that the credit card owner has agreed to recognize crimes and the credit card owner.

In addition, the degree of damage, relationship with the victim, etc. shall be considered.

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