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(영문) 서울중앙지방법원 2014.06.13 2014고단2536
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. At around 05:50 on February 11, 2014, the Defendant: (a) opened a cash receipt and disbursement machine that was not corrected on the Kabter in the Ebane operated by the victim D in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) removed KRW 140,000 in cash owned by the victim.

Accordingly, the Defendant stolen the victim’s property as above.

2. Around 10:00 on February 16, 2014, the Defendant: (a) opened a cash terminal that was operated by the victim G in Songpa-gu Seoul, Songpa-gu, Seoul; (b) opened a cash terminal on which no correction was made in the Kabter by using the gaps in the management failure; and (c) removed KRW 60,000 in cash owned by the victim.

Accordingly, the Defendant stolen the victim’s property as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of D and G;

1. Each report on occurrence;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 10, 48, 115 pages);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. From among concurrent crimes, crimes No. 1 [Scope of Recommendation] of the Reasons for the Sentencing of Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act are crimes in violation of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and crimes No. 2 [Scope of Recommendation Punishment] of the Basic Field (6 to 16 months) of the Act on the Larceny of General Property [Scope of Recommendation Punishment] of No. 2] of the Basic Area (6 to 16 months) of the Act on the Larceny of General Property] of No. 2 of the Basic Area (6 to 16 months] of the Act on the Larceny of General Property: The defendant is against the punishment of 6 to 2 years [Determination of Punishment] of the Criminal Act; and the defendant is sentenced to imprisonment in the first instance of the

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