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(영문) 수원지방법원 여주지원 2013.04.08 2012고단658 (1)

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years and by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On July 22, 2003, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on October 25, 2005, and was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on March 14, 2008. On March 14, 2008, the Seoul East East District Court issued a summary order of KRW 500,000 of a fine for larceny, and each of the above rulings and the summary order became final and conclusive, respectively. On March 12, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Suwon District Court Sungnam Branch Branch on October 7, 2009.

[2012 Highest 658]

1. From April 1, 2012 to around 18:00, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) committed a theft with the victim’s cash 200,000 won, which was kept in the room from around 10:0, to around 18:00, the Defendant stolen the victim’s house with the victim’s window installed by means of the cresh in the victim’s house outside the cresh without locking the window and infringed upon the victim’s house, and then stolen it with the victim’s cash 20,000 won. From around that time to July 23, 2012, the Defendant invaded the victim’s house over 13 times in total, as described in Table 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., KRW 4., KRW 8,738,00,000 in cash, market price, cards, and walletss.

2. Forgery of private documents, uttering of private documents, and fraud around June 4, 2012;

A. On June 4, 2012, around 11:28, the Defendant forged private documents stated the “L”, “amount in the column”, and “M” in the customer name column on the paper of written request for deposits kept at the 3-6 Ethical branch of Ethacheon-si, Leecheon-si, Leecheon-dong, by using a typesetting tool, and marked the “L”, “L”, and “M” on the customer name column. On the other hand, the Defendant’s seal was stamped by his name.

Accordingly, the defendant, without authority, forged a letter of deposit claim in M name, which is a private document on rights and obligations for the purpose of uttering.

B. The Defendant at the time, time, and place as set forth in the preceding paragraph, forged the foregoing to the Agricultural Cooperative Staff N who was aware of the forgery.