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(영문) 서울남부지방법원 2017.07.14 2017고단2185
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From May 20, 2013, the Defendant: (a) had been working as a cook for nursing after entering a D ( hotel type room) located in Gangseo-gu Seoul Metropolitan Government; (b) had been viewed as E (82 years old) living in the building 1214; and (c) had been accompanied by an outside hospital, bank, etc. to help a female when it is necessary.

On March 9, 2017, the Defendant: (a) received a request from the Seoul National University Hospital that visited the outside hospital of the above E in return for payment of hospital expenses and drug value; and (b) did not return it after receiving one copy of the KB National Bank Cream Card (F) in its name; and (c) did not withdraw cash using the card password that the Defendant came to know when he went to the above E and the bank before the business.

On March 16, 2017, the Defendant: (a) entered the said physical card number in the name of the Victim Suhyup Bank, which was held without the said E’s permission, at the point of the inletlet of Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, 179, and then withdrawn KRW 1 million in cash from March 28, 2017, by inserting the said physical card identification number, which was previously known in advance, in a cash payment machine managed by the injured party; and (b) withdrawing KRW 450,000 in total, 47 times in total, as described in the list of crimes, from March 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site reports (including CCTVs investigation at the point of YB Cr. Cr. B., the -CCTV photographic data, -CCTV storage CD);

1. Investigation report (to attach photographs of the scene of a crime and CCTV video images) ( – - photographs of the transaction image and CCTV-to include transaction image and CCTV video recording images);

1. Application of Acts and subordinate statutes on the report of investigation;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes, the background leading up to the crime, and the amount of damage.

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