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(영문) 수원지방법원 평택지원 2018.03.19 2018고합5

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On April 23, 2009, the Defendant was sentenced to imprisonment with prison labor and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and on May 4, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the support of the Chungcheong District Court.

On July 2, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Cheongju District Court’s Assistance, and completed the execution of the sentence in Daejeon Prison on February 28, 2017.

[2] On November 29, 2017, around 14:24, 2017, the Defendant: (a) intruded into an office with the 4th floor "D church" in Gangseo-gu Seoul Metropolitan Government; and (b) stolen the victim E with LG G G4 smartphones equivalent to KRW 300,000,000, the market price where the victim E owns another victim’s seat.

Accordingly, the defendant invadedd a structure and stolen the victim's property habitually.

" 2018 Gohap 19"

1. On June 12, 2017, the Defendant embezzled, on his/her own initiative, the Defendant, without taking necessary procedures, such as acquiring the victim H’s card 2, identification card 2, cash, etc., and returning the victim’s market price owned by the victim, at around KRW 100,000,000, in the G Hospital’s street located in Pyeongtaek-siF.

2. On June 15, 2017, the Defendant, who attempted fraud, received food equivalent to KRW 4,000 in total at the “K” restaurant operated by the victim J on Pyeongtaek-si on or around 13:50 on June 15, 201, presented a credit card (L) of the H-owned bank owned by the Defendant as described in paragraph 1.

However, the defendant did not have the right to use the credit card because he did not have the legitimate possession of the credit card.

Nevertheless, the defendant is committed as if he had a legitimate possession of the above credit card, and deceiving the victim, and thereby making the victim belong to it.