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(영문) 서울서부지방법원 2016.11.03 2016고단647

특수절도등

Text

Defendant

A Imprisonment with prison labor for two years, and for three years and three months, respectively.

Sub-paragraphs 22 and 23 of this paragraph, which have been seized.

Reasons

Punishment of the crime

From March 1, 2016, the Defendants of “2016 Man-Ma647 (Defendants)” conspired to sell and distribute profits by stealing the mobile phone of the said agency, on the basis of the fact that Defendant B worked as an employee at the “F” mobile phone agency in Mapo-gu Seoul Metropolitan Government as an employee and became well aware of the internal structure of the victim D’s operation.

Accordingly, the Defendants: (a) on March 8, 2016, on the 01:00-round 01:00, she boarded a siren car at the said agency; (b) there was a 300-meter away from the said agency’s 300-meter away from the said agency; (c) Defendant B waiting at the said mobile phone agency; (d) Defendant A opened the crime prevention window of the toilet window behind the store due to a decline; (e) opened the rear door of the said agency; and (e) cut off with 32 cell phoness in the market price owned by the victim, and three mobile phoness in the mobile phone.

As a result, the Defendants conspired to destroy the door at night and intruded on the above agency, thereby thefting the victim’s property.

On October 30, 2008, the defendant sentenced 4 years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Assistant Offense, etc.) in the Gwangju District Court on October 30, 2008, and completed the execution of the above sentence in the Hegna prison on August 14, 2012.

【Criminal Facts】

1. No person who violates the Electronic Financial Transactions Act shall transfer any means of access, such as an electronic card and password;

Nevertheless, on March 2013, the Defendant: (a) reported the Internet advertisement related to the transaction of passbooks to the police officer; and (b) made telephone conversations with the name-free person of “G”; and (c) agreed to transfer the passbook, physical card, password, etc. of the account under the name of the Defendant to the above party and receive KRW 1.2 million in return.

On March 3, 2013, the Defendant, at a comprehensive bus terminal located in Macheon-dong, Seo-gu, Seo-gu, Gwangju, through a bank account in the name of the Defendant (H), Nong Bank account (I), and SC Bank account (J).