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(영문) 부산지방법원 서부지원 2019.10.17 2019고단1756
절도
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant paid 60,000 won to the “D gas station” office operated by the victim C in Seo-gu Busan, Busan, with the credit card device located in the said gas station with the Busan C’s name, while working as the gas station, and paid 60,000 won to the credit card device located in the said container with the Defendant’s living E, and the settlement slip was placed in the pre-paid box, immediately cancelled the payment of the above physical card and make a pre-paid transaction, and then, the Defendant stolen 60,000 won in cash, which is the cash settlement amount, from August 25, 2016 to June 8, 2019, from around 8, 2016 to 510 times in total, as indicated in the attached Form of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching a card transaction approval slip), investigation reports (in cases of CCTV images analysis in the office of a DNA station), investigation reports (the details revoked by a suspect by a physical card), investigation reports (in cases of management of the counterpart gas station, etc. against the victim), and criminal investigation reports (in cases

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the Defendant, with the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, made a confession of the crime of this case, against the mistake.

On the other hand, even though the Defendant had been punished twice due to the crime of this case under several laws (one time of fine and one time of suspended sentence of imprisonment), again, re-offending was committed, and the amount of damage of this case did not completely recover from damage to the extent that the amount of damage was very high.

In full view of these circumstances, the sentencing conditions indicated in the records of this case, including the background of the crime of this case, the circumstances after the crime, the age, happiness and state of health of the defendant, etc., shall be determined as ordered.

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