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(영문) 대전지방법원 공주지원 2016.10.21 2016고단261
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. From July 17, 2016, the Defendant discovered and stolen a post office passbook owned by Defendant A, which was located on an automatic cash withdrawal machine at the Gongju Dog-ro 83, Gongju Dog-ro, Mari-ro, Mari-ro around 11:00.

2. The Defendants were able to withdraw cash using a stolen passbook with Defendant A, as set forth in the above paragraph (1).

On July 17, 2016, at least 14:13, the Defendants reported the network in a vehicle set up in front of the above post office, and Defendant B collected a passbook in the name of C, which had been stolen in advance from the cash automatic withdrawal machine managed by the Korea Post, and withdrawn KRW 700,000,000 in cash by entering the password in the amount of withdrawal and the password in the passbook.

As a result, the defendants stolen the victim's property together.

B. On July 19, 2016, at least 20:28, the Defendants came to a public post office located in the 15th of the official post office road, and Defendant A reported the network in a vehicle set up in front of the said post office. Defendant B collected a passbook in the name of C, which was stolen in advance from an automatic cash withdrawal machine managed by the victim’s Postal Services, and withdrawn KRW 700,000 in cash by entering the amount of the withdrawal and the password in the passbook.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s statement;

1. Each report on investigation;

1. Application of statutes on details of transactions of passbooks;

1. Relevant provisions of the Criminal Act and subparagraph A of the option of punishment against the crime: Article 331(2) and (1) of the Criminal Act and Article 329 of the Criminal Act: Defendant B: Article 331(2) and (1) of the Criminal Act;

1. Defendants among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.

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