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(영문) 부산지방법원 2018.10.31 2018고단3474

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 through 5 shall be confiscated.

Reasons

Punishment of the crime

[2] On July 26, 2005, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Cheongju District Court’s Cheongju District Court’s Cheongju Branch on January 11, 2008, sentenced to 10 months of imprisonment with prison labor for larceny, etc. on November 8, 2010. On July 6, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at night, at the Seoul Southern District Court’s Cheongju District Court’s branch branch on June 27, 2012. On August 28, 2015, the Defendant completed the execution of the last sentence on January 13, 2016 after having been sentenced to 1 year and 6 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. On July 27, 2018, at around 05:00 on July 27, 2018, the Defendant discovered that he/she was carded to the victim E and the victim’s smartphone case while enjoying the victim’s entertainment from the “D main store” located in Busan Dong-gu, Busan, and discovered the gap in which the victim’s attention was neglected, and took up two copies of the KB national card in the victim’s name, which was located in the victim’s smartphone case.

In addition, the victim's property was stolen by inserting his own money into his own land.

B. On July 27, 2018, at around 06:39, the Defendant: (a) committed a theft of the victim’s property by inserting cash of KRW 150,000,000, after the victim’s Handbags, in the “F cafeteria” located in Busan East-gu, Busan-gu, by inserting the victim’s E and drinking; and (b) by inserting the cash of KRW 150,000,000, which was located within the victim’s own money.

As a result, the Defendant was sentenced to imprisonment more than three times with prison labor for the larceny crime, and again committed the larceny during the repeated crime period.

2. On July 27, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business (hereinafter “F cafeteria”) followed the KB national card in the name of E, which was stolen in the same manner as that described in paragraph 1, in calculating the food value in the “F cafeteria” located in Busan Dong-gu, Busan.