beta
(영문) 수원지방법원 안산지원 2015.06.11 2015고단837

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 23, 2006, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court for a maximum of one year or ten months on April 28, 2007. On December 11, 2008, the Defendant was sentenced to one year from imprisonment with prison labor at the Suwon District Court for larceny, etc. on October 28, 2009. On November 1, 201, the Defendant completed the execution of the sentence at the Seongdong-gu District Court for a period of one year on March 11, 2012, and completed the execution of the sentence at the Seongdong District Court for a period of six months from imprisonment with prison labor at the Seoul Central District Court for larceny. < Amended by Act No. 11871, Mar. 11, 2013>

1. Around 01:00 on December 31, 2014, the Defendant: (a) sought cash in order for the victim D, who found himself as a customer, to obtain his own debit card and password to calculate the drinking value; (b) opened the victim’s cash to the victim; and (c) opened the victim with the victim’s phone up to the 6th floor of the building where the said singing practice room is located; and (d) had the victim under the influence of alcohol and opened the same with the victim’s phone to withdraw money from the victim’s account by taking advantage of the gaps in which the victim was divingd.

On December 31, 2014, around 04:00, the Defendant opened an entrance that was not set up in the eel of the number of rooms owned by the victim in Ansan-si, Ansan-si, and brought up one debit card of the company bank owned by the victim from the cell phone case of the victim on the table.

B. At around 04:49 on the same day, the Defendant inserted the debit card in the name of the victim, as above, in a cash withdrawal machine at a company bank located in Ansan-si, Ansan-si, and then withdrawn KRW 5,500,000 in cash by inserting it into the cash withdrawal machine, and inputting the password, which was discovered in advance by the victim.

As a result, the Defendant was sentenced to three or more punishment for larceny, and again stolen another’s property within three years after the execution of the sentence was completed.

2...