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(영문) 의정부지방법원 2013.06.14 2013고합135

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Criminal facts

On July 25, 2000, the Defendant was sentenced to imprisonment with prison labor for a short term of one year and six months for a short term of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on April 30, 2003 and one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 3, 2005, respectively. On May 31, 2007, the Defendant completed the execution of the sentence on May 26, 2010, and was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 30, 201, and completed the execution of the sentence on August 27, 2012.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) [2013Gohap135] Aggravated Punishment, etc. of Specific Crimes [2013Gohap135] Around 02:30 on February 2, 2013, the Defendant habitually stolen property owned by the victim F, who had been in a dormitory room of the second floor of the victim E at the time of the second floor up to 300,000 won in the market price owned by the victim E in the middle floor of the 1st floor of the office, with 90,000 won in cash owned by the victim F and 420,000 won in total.

2. Around February 25, 2013, the Defendant violated the Electronic Financial Transactions Act [2013 High 177] The Defendant received KRW 100,000 per head of a Tong in return for the transfer of a passbook from an unqualified person, and opened two passbooks (Account Number: G and H) in the name of the Defendant at the central point of Busan High-si, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and transferred cash cards and security cards related to the said passbook 2 and the means of access for electronic financial transactions. On the same day, the Defendant transferred the same day to an unqualified person.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and I;

1. E statements;

1. Detailed statement of cash withdrawal transactions;

1. A criminal investigation report (report on the verification of the NongHyup Account Number established by the defendant);

1. Previous records: Criminal records and other inquiries, and personal confinement records;