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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant had been working in the military.
B becomes aware of the password and the password of the head of the Tong in the process of aiding and abetting B.
1. On July 16, 2016, around 22:00 on July 16, 2016, the Defendant: (a) intruded into the victim B’s house located in Gyeongsan-si, Gyeongsan-si; (b) and (c) invaded into the victim B’s house in 105, and stolen one of the Daegu Bank passbook (Account Number D), which was owned by the victim in the West head of the Dongan-gu.
2. Larceny;
A. On July 16, 2016, the Defendant, at around 23:58, was stolen in advance as set forth in paragraph (1), from the cash withdrawal period managed by the Victim Daegu Bank at a 292 Daegu Bank located in the territory of the Daegu Bank.
In order to collect the Daegu Bank passbook in the name of B and enter the withdrawal amount of one million won and password into the Daegu Bank, and withdraw one million won in cash as a deposit account, and then cut one million won in cash owned by the victim.
B. On July 17, 2016, around 07:00, the Defendant: (a) withdrawn one million won in cash in the same manner as the above 2-A at the seat of the Daegu-gu Daegu-gu Hospital; and (b) stolen one million won in cash, which is the victim’s possession.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A criminal investigation report (verification of CCTV images of Daegu bank), investigation report (Recovery of damaged articles);
1. Application of Acts and subordinate statutes to criminal photographs, damaged objects, and photographs;
1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief for intrusion at night) and Article 329 of the Criminal Act (a thief for intrusion upon residence and choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Article 62(1) of the Criminal Act in the suspended sentence are as follows: (a) the Defendant had a passbook at night at the victim’s residence; and (b) withdrawn the deposit two times; and (c) the Defendant has no record of being subject to punishment other than a fine at one time; and (d) the instant case has no record of being punished.