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(영문) 수원지방법원 성남지원 2016.01.08 2015고단2402
절도
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant: (a) discovered one copy of the victim’s body check from the automated copier of the branch office of the Korean bank, the other party to the branch office of Seongbuk-gu, Sungnam-si, at around 310 wishing to do so; (b) discovered one copy of the victim’s body check from the victim B, who was placed on the 8-day cash withdrawal machine; (c) collected the check at the above cash withdrawal machine; and (d) withdrawn KRW 280,000, the number stated on the back of the card from the cash withdrawal machine to the victim’s name, and then stolen with the above physical check card owned by the victim B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of transactions of bankbooks;

1. Application of the CCTV Acts and subordinate statutes to Korean banks;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the criminal records of the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act can be established in the order of provisional payment order, considering the following factors: (a) the defendant led to the crime of this case; (b) the victim B does not want the punishment of the defendant; and (c) the victim B does not want the punishment of the defendant; and (d) other factors of sentencing as indicated in the records, such as

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