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(영문) 제주지방법원 2014.01.23 2013고합211
강도등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 6,00,000 won agreed upon to the applicant for compensation.

Reasons

Punishment of the crime

1. Before September 29, 2013, the robbery Defendant drinking the victim C(53 years of age) and drinking in the Newsan Park, etc. in the Jeju-si, Jeju-si, and asked the victim to “rework at the victim’s house because he did not have any error,” thereby getting the victim’s house at Jeju-si, 9 Dong 206.

On September 29, 2013, at night, the Defendant viewed that the victim was placed in a head of the agricultural cooperative debit card in the house of the above victim at night, and took it out in the house of the above victim, and took it out at the same time with one copy of the above agricultural cooperative debit card owned by the victim.

2. On September 30, 2013, the Defendant: (a) inserted the debit card in the name of the Do Cooperative Federation located in Donam-dong, Jeju-si (hereinafter “CF”) at the south of Do, such as the preceding paragraph, and entered the password in the cash withdrawal for the management of the victim agricultural cooperative located in the said location; (b) entered the said debit card in the cash withdrawal for the management of the agricultural cooperative located in the said location; (c) KRW 2,00,000 in total on three occasions at the south of the Agricultural Cooperative located in the said region; and (d) entered the password in the cash withdrawal for the management of the victim agricultural cooperative located in the said region at the south of the Agricultural Cooperative located in the said region; and (d) withdrawn the cash password at the national bank located in Dodong-dong, Jeju-si; and (e) withdrawn KRW 1,00,000,000 in each of them, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The place of damage and photographs of criminal tools;

1. Application of Acts and subordinate statutes to copies of bankbooks;

1. Relevant Article 33 of the Criminal Act, the choice of punishment for the crime, Article 333 of the Criminal Act, and Article 329 of the Criminal Act (to be included in the category of larceny, place and victim, respectively, and to be punished by imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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