(영문) 부산지방법원 2017.03.09 2016고단7333

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2017.03.09 2016고단7333

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 30, 2015, the Defendant was sentenced to two years of suspended sentence for imprisonment with prison labor for special larceny, etc. at the Busan District Court on August 30, 2015, and the judgment became final and conclusive on November 7, 2015, and is currently under suspended sentence.

[2] The Defendant and B, while drinking alcohol together with the Defendant and the Victim C, conspired to take part in the withdrawal and division of cash by stealing the Defendant’s physical check card from the victim by crypting that the Defendant used the victim’s bank.

On August 27, 2016, the Defendant: (a) on the street in front of “E” located in Busan, Jin-gu, Busan, around 22:30 on August 27, 2016; (b) on the street, the victim’s interest in other areas; (c) the victim’s interest in other areas; and (d) the Defendant took part in a corporate bank card owned by the victim, following the victim’s temporary release.

Around 22:33 on the same day, the Defendant continued to withdraw KRW 300,000,000,000,000,000 from the “I convenience store” located under the “G convenience store” located under the “G convenience store” located under the “G convenience store” located under the Busan Jin-gu, Busan, the Defendant used the stolen physical card to enter the four pages of the passwords, which the victim took place at the time of withdrawal of money from the cash withdrawal period. On the same day, around 22:36 on the same day, the Defendant continued to withdraw the cash withdrawal amounting to KRW 50,000,000 from the “I convenience store” located under the “M in the Busan Jin-gu, Busan, and then withdrawn

Accordingly, the Defendant, together with B, stolen one physical card owned by the victim, and stolen cash owned by the manager of the cash withdrawal period.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect B (two times) of the police;

1. Statement made by the police with regard to C;

1. Details of transactions by account and account entry and withdrawal;

1. Records of the judgment: He/she shall apply the provision of a reply to inquiry, such as criminal history, report on investigation (the fact that the period of suspension of execution is in the period of suspension of execution), report on the results of confirmation of the previous conviction of disposition

1. Article 331(2) of the Criminal Act of the same Act concerning facts constituting an offense.

참조조문

-형법 제331조 제2항

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