A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[2014 Highest 4054]

1. 절도 피고인은 2014. 5. 5. 18:20경 인천 중구 인현동에 있는 동인천역에 도착하는 지하철 1호선 창동발 K159 전동차 안에서 피해자 C가 선반 위에 올려놓은 시가 170,000원 상당의 보라색 중지갑 1개, 현금 100,000원, 100,000원권 현대백화점 상품권 1매, 롯데카드 1개, 신한카드 1개, 동양증권 체크카드 1개, 농협증권 직불카드 1개, 기업은행 체크카드 1개, 주민등록증 1개가 들어 있던 시가 400,000원 상당의 다홍색 숄더백 가방 1개 합계 770,000원 상당의 금품을 들고 가 절취하였다.

[2014 Highest 6925]

2. On July 2012, the Defendant violated the Electronic Financial Transactions Act: (a) at a park located in the Jung-gu Seoul Central District Office 3, Jung-gu, Seoul; (b) received KRW 5 million per month from a person who was unaware of his/her name; and (c) transferred the cash card of the post office account (Account Number D) in the name of the Defendant; and (d) transferred the means of access

Summary of Evidence

[2014 Highest 4054]

1. Statement to C by the police;

1. Seizure records;

1. A photograph of seized articles, CCTV-faging photographs, Doocheon CCTV CDs, photographs of the place of crime, and map of the place where crimes are committed inside the train of the electric car;

1. Investigation report (case of difference between CCTV time and present time) and investigation report (victim C’s hearing of statements) (2014 high group 6925);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes requesting the provision of financial transaction information, such as a copy of passbook;

1. Relevant legal provisions concerning criminal facts and Article 329 of the Criminal Act: (In full view of the circumstances of the thief at the time of the theft, the situation of the preceding car, the attitude of the defendant at the time of acquiring the bags, etc., it is deemed that the defendant had an intention to steals), Articles 49 (4) 1 and 6 (4) 1 of the Electronic Financial Transactions Act, and the choice of imprisonment, respectively;

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

1. Part of the criminal defendant under Article 62(1) of the Criminal Act;