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(영문) 대구지방법원 김천지원 2017.10.17 2017고단385
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On March 23, 2017, the Defendant was sentenced to two years and six months of imprisonment with prison labor and three years of suspended execution due to special robbery at the Incheon District Court on March 23, 2017, and the above judgment was finalized on March 31, 2017.

[Criminal facts] The defendant is a person who was an employee of C main office operated by the victim B.

1. On November 21, 2016, the Defendant: (a) committed the crime committed on November 21, 2016, at around 22:18, the Defendant: (b) on the Gu-si Do-si D and the first floor C (1); and (c) on the mobile phone page where the victimized person tried to charge a ship, the Defendant stolen the Defendant, with one copy of the CBC Card, which is the victim’s possession located inside the cell phone wall where the victimized person was going to do so.

2. On November 22, 2016, the Defendant committed the crime: (a) from around 04:42 to around 04:54 of the same day on November 22, 2016; (b) from the automatic withdrawal machines managed by the Defendant’s Saemaul Saemaul Bank of Korea, which was located on July 12-6, 7-gil-si, the head of the Gu, Si, Gu, Si, Si, Gu, and (c) from the cash withdrawal machines managed by the Defendant, as indicated in paragraph (1), the Defendant collected and stolen the Defendant’s check cards of national bank B, as indicated in paragraph (1), and then withdrawn KRW 10,000,000, total of the cash owned by the victim on ten occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A criminal investigation report (verification and attachment of the details of entry and departure transactions), a criminal investigation report (C CCTV investigations), and a criminal investigation report (victim's telephone conversations);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (formers and confirmations), summary information inquiries, and application of the Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the facts constituting the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, stolen the Victim B’s Cze Card, and then withdrawn cash from the automatic withdrawal period of the Defendant’s Fulul Saemaul Saemaul Bank’s cash withdrawal.

The amount of damage caused by the instant crime reaches KRW 10 million.

However, the defendant is against the law.

The defendant is the defendant.

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