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(영문) 광주지방법원 2014.02.20 2013고단5995

특정범죄가중처벌등에관한법률위반(절도)등

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A defendant shall be punished by imprisonment for not less than one year and six 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 record] On February 22, 2010, the defendant was sentenced to a fine of three million won at the 31th General Military Court in the Army due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on August 9, 2012.

【Criminal Facts】

1. Around 02:00 on October 14, 2013, the Defendant: (a) committed a theft with a credit cooperative consisting of KRW 285,950 in cash owned by the victim D in Gwangju Mine-gu; (b) in the course of running a household game by making use of a cresh toilet among customers; and (c) committed a theft with a credit cooperative consisting of KRW 285,950 in cash owned by the victim in the carter.

In addition, the Defendant, even from around that time to November 28, 2013, stolen the cash amounting to KRW 1,965,950 in total on six occasions habitually, as shown in attached Table 1.

2. On October 17, 2013, around 05:10 on October 17, 2013, the Defendant entered the Hpc room where the victim G in Gwangju Mine-gu is working, and carried out a computer game as if the Defendant had the ability to pay the PC user fee.

However, even if the defendant uses the PC bank, the defendant did not have the intention or ability to pay the user fee.

The Defendant was provided by the victim with the PC use service amounting to KRW 5,300.

In addition, from around that time to November 22, 2013, the Defendant provided a total of 12 times with the PC services equivalent to the sum of KRW 178,500 by the aforementioned methods, as shown in attached Table 2, and acquired the same amount by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in G, D, I, J, K, L, M, N,O, P, Q, R, S, and T sheet;

1. An appraisal statement, a written investigation into criminal records, and an investigation report (verification of the same records as the accused);

1. HH CCTV.