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(영문) 서울남부지방법원 2017.05.12 2017고단1427
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On October 5, 2016, around 04:30, at night, the Defendant: (a) committed a theft by intrusion in a night room; (b) at the D office located in Guro-gu Seoul Metropolitan Government, Guro-gu, using the gap of the victim E office in which the victim E office was installed; (c) entered the victim’s room inside the above office; and (d) took one fluor, with a 4.50,00 won of the market price owned by the victim who was on contact with the said office, and stolen it.

2. At the time stated in paragraph 1, the Defendant: (a) carried out the following: (b) at the office described in the same paragraph, the Defendant: (c) at the victim’s office, the sum of KRW 1.5 million in the market value on the book; (d) 63 mobilephones; (e) 5 mobilephones equivalent to the sum of the market value of KRW 1.5 million in the victim’s market value; and (e) 4.2 million in the victim’s market value on the book; and (e) stolen them with one camera and one sirens equivalent to the sum of the market

3. The Defendant, such as computers, was aware of the Internet banking certification number, transfer card number, and withdrawal number at the office listed in paragraph (1) at the time stated in paragraph (1) of the same Article, and transferred KRW 880,000 from the account under the Defendant’s name to the agricultural bank account in the name of the Defendant by entering the transfer card number and password, etc., after accessing the Internet banking using the victim’s cell phone at the above location without the victim’s permission.

Accordingly, the defendant acquired economic benefits of 880,000 won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (verification of details of transfer of KRW 880,000,000 that the person under investigation voluntarily transfers);

1. Application of Acts and subordinate statutes concerning internal CCTVs to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion by night room), Article 329 of the Criminal Act (a thief), Article 347-2 of the Criminal Act (a thief for intrusion by night room), and Article 347-2 of the Criminal Act (a thief for fraud by using computers and other computers, and a

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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