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(영문) 인천지방법원 2016.09.30 2016고정957
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the actual operator of a “D” singing club in Bupyeong-gu Incheon Metropolitan City.

On October 4, 2015, the Defendant received a request from the injured party to withdraw KRW 90,000 in cash in order for the injured party E to pay liquor price from the above singing club located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and withdrawn the liquor price from the ATM machine located in the vicinity of the business, and then the Defendant possessed the victim’s national bank check.

After that, the Defendant: (a) intending to raise a show of marina business, both the alcohol and the alcohol that the injured party ordered, provided to the injured party as a shower bottle, and divided it into a virtual service; and (b) mathn, the injured party ordered an additional order, such as the drinking alcohol, etc.; (c) the Defendant thought that the injured party would not be able to memory, and that the injured party would not have been able to withdraw and steal cash from the eck card of the above national bank.

On October 4, 2015, the Defendant withdrawn KRW 300,000 in cash by using the above national bank body check card for the payment of alcoholic beverages to the service owners provided to the victim at ATM equipment located in Bupyeong-gu Incheon, Incheon, and then withdrawn KRW 300,000 in cash using the above national bank body check card for the alcoholic beverages not ordered by the injured party at ATM machine located in Bupyeong-gu, Incheon, Incheon, around 09:58, and around 10:00 on the same day, the Defendant withdrawn KRW 250,000 in cash using the above national bank body check card for the national bank.

As a result, the defendant stolen the victim's property by taking advantage of the victim's physical bank card to withdraw 850,000 won in total on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The amount of the victim's check-up and the place where the victim's check-up cash withdrawal is made;

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