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(영문) 광주지방법원 2017.06.22 2017고단196
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

On January 13, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Gwangju District Court on July 15, 2015, and completed the execution of sentence in the Gwangju District Court on July 15, 2015.

1. On December 15, 2016, around 00:20 on December 15, 2016, the Defendant: (a) opened a locked door at the D factory office located in the Seo-gu, Seo-gu, Gwangju; and (b) opened a passbook owned by the victim E bank in Gwangju and one head of the Tong owned by the victim E bank and one head of the Tong owned by the victim F bank in Gwangju.

2. On December 15, 2016, the Defendant: (a) withdrawn 300,000 won from the victim Gwangju Bank’s Gwangju Bank’s Gwangju Bank’s Gwangju Bank’s passbook that was stolen, such as paragraph (1), from 365 Copp of Gwangju metropolitan branch office in Gwangju Seo-gu, and arbitrarily input the passwords entered on the back of the bank; and (b) subsequently withdrawn 300,000 won via three occasions.

3. On December 15, 2016, around 08:20, the Defendant transferred KRW 20,000 to the Gwangju bank account in the name of the Defendant, by inserting the stolen passbook from Gwangju Bank to the cash withdrawal machine and arbitrarily inputting the passwords stated on the back, as set forth in paragraph 1, from Gwangju Bank, Gwangju Branch 365 Compon.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on investigation (the details of use through a head office);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (the point of larceny of intrusion into night buildings), Article 329 of the Criminal Act (the point of Section 329), Article 347-2 of the Criminal Act (the point of fraud, such as computer, etc., and the choice of imprisonment) of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes - The reason for sentencing is not significant damage to property - the damage was recovered - On the other hand, the crime cannot be punished only by imprisonment with prison labor for larceny of intrusion into night structures during the period of repeated crimes.

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