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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Larceny;
A. The Defendant’s written indictment in the E hotel No. 501 located in Yongsan-gu Seoul, Yongsan-gu, Seoul, on November 24, 2016, does not contain the name of the victim, but does not hinder the Defendant’s exercise of his/her right to defense even if the indictment was corrected ex officio. Thus, the Defendant’s correction ex officio does not hinder the Defendant’s exercise of his/her right to defense.
(The defendant's high school-friendly district) cut one of the C's No.C's No. 31 and escaped to the unexploited district.
B. On November 25, 2016, the Defendant continuously stolen the Defendant’s agricultural card using the stolen Defendant’s agricultural card by withdrawing a total of six million won from the cash withdrawal machine located in one bank located in Seoul Cheongpadong 3 up to 01:35 to 01:40 on November 25, 2016.
2. On November 25, 2016, the Defendant continued to use computers, etc., and took property benefits by transferring KRW 6 million to the Defendant’s Saemaul Savings Depository account with the victim’s Saemaul Credit Card at a port of port via the victim’s agricultural credit card.
Summary of Evidence
1. Statement by the defendant in court;
1. The legal statement of the witness C;
1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 329 and 347-2 of the Criminal Act concerning the selection of punishment, and the selection of each fine;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment
1. On November 24, 2016, the Defendant: (a) stolen cash of KRW 3 million (500,000 and KRW 60,000) located in C A, a locked victim C, who was administered together at the guest room of E hotel No. 501, located in Yongsan-gu Seoul, Yongsan-gu, Seoul, from November 24, 2016; and (b) escaped to the unclaimed land.
2. Determination
A. The Defendant did not steals three million won from the victim’s wall, and denied this part of the facts charged as borrowing the said money.
(b) Drafting the victim C as evidence that conform to this part of the indictment.