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(영문) 인천지방법원 부천지원 2014.02.14 2013고단3369 (1)
절도등
Text

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

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

Reasons

Punishment of the crime

1. At around 05:40 on June 20, 2013, the Defendant and the thief were sent back to E area located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul. Around 05:40, the Defendant and the thief made a resolution to larceny C by stating that “The victim F was making a mobile phone call with the mobile phone with the victim F while making a mobile phone with the mobile phone with the victim, and that “I would like to take part in the money by selling it if the cell phone is stolen.”

C In accordance with the request of the Defendant and B, the above victim borrowed his cell phone, and asked the victim to use the 800,000 won of the market price of the victim, thereby taking the options interview2 smartphone from the victim and taking the following conversations, and the escape was stolen as is.

Accordingly, the Defendant and B instigated theft to C as above.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any means of electronic financial transactions, such as a passbook or cash card;

Nevertheless, around May 10, 2013, the Defendant, parked in front of the agricultural cooperative located in Seocheon-si and below, taken over the agricultural cooperative passbook (Account Number: H) and cash card in the name of the Defendant’s passenger car, and taken over the savings bank account (Account Number) and the cash card in the name of the Defendant’s passenger car, and around May 12, 2013, the Defendant taken over the savings bank account (Account Number: I) and the cash card in front of the community credit cooperative located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Co-defendant B's legal statement

1. Application of Acts and subordinate statutes to the police suspect examination protocol against C and G;

1. Relevant legal provisions concerning criminal facts, Articles 329 and 31(1) of the Criminal Act that choose a punishment, Articles 49(1)1 and 6(3)1 of the Electronic Financial Transactions Act and the choice of imprisonment with prison labor for each of the following:

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

1. The Criminal Act, the suspension of execution;

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