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(영문) 부산지방법원 2016.06.16 2016고단1214
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On September 10, 2015, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for fraud at the Busan District Court on September 18, 2015, and the sentence becomes final and conclusive on September 18, 2015. On February 4, 2016, the Defendant was sentenced to a two-year suspension of the execution of imprisonment with prison labor for special larceny, etc. at the Busan District Court, and on April 21, 2016, the Defendant and the Prosecutor’s appeal are all dismissed and currently pending the appeal.

[2] On November 22, 2015, the Defendant and B, with intellectual disability 3, obtained one deposit passbook from the Saemaul Franchiscison in the center of the Saemaeul Franchiscison as of November 22, 2015, which was owned by the Defendant and B, with the Defendant’s house located in Busan E Won-gu E Won-gu, 502, with the above deposit money and used to withdraw the above money.

Accordingly, the Defendant released money to B and C.

B and C explained the method of withdrawing cash from the cash withdrawal machine at 401 cash withdrawal machine managed by the victim Saemaul Bank of Korea, which was in the center of the Saemaul Bank of Korea, 32 times as the monthly World Cup in Busan, Busan, the same day, and C withdrawn the total amount of KRW 6,10,000,000 in total three times by operating the cash withdrawal machine.

Accordingly, the Defendant conspired with C, and B stolen cash of KRW 6,10,000 owned by the Saemaul Bank of Korea together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or B (in the case of B, the second and third examination of suspect of the police);

1. Written statements of D;

1. Records of the judgment: References to inquiries, such as criminal history, reporting on the results of investigation (A), reporting on investigation (Attachment to the judgment of the first instance court of this case during the suspect A and B), one copy of the above judgment, and the application of significant facts and statutes to this court;

1. Articles 331 (2) and 331 (1) and 30 of the Criminal Act concerning the crime;

1. Articles 53 and 55(1)3.

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