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(영문) 창원지방법원 2018.07.18 2018고단1384

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On March 12, 2004, the Defendant was sentenced to six months of imprisonment by night intrusion larceny, etc. at the Changwon District Court. On August 17, 2007, the Defendant was sentenced to one year of imprisonment by night intrusion larceny, etc. at the Changwon District Court. On December 22, 2008, the Defendant was sentenced to eight months of imprisonment by night intrusion intrusion larceny, etc. at the Changwon District Court. On March 26, 2010, the Defendant was sentenced to ten months of imprisonment by night intrusion larceny, etc. at the Changwon District Court. On February 24, 2011, the Defendant was sentenced to six months of imprisonment with prison labor at night, and on October 26, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Changwon District Court as an intrusion of residence, etc. at night, and executed the sentence in the prison on March 9, 2018.

1. A crime related to the victim C on April 5, 2018;

A. On April 5, 2018, the Defendant: (a) opened a door door on the part of the victim C, which was parked on the front road of the Hamna vehicle located on the road in front of the Hamna vehicle located on April 5, 2018; and (b) entered the inside of the said vehicle and installed at that place.

The 100,000 won was stolen with a copy of a new bank check in the name of the victim, which was located lower than that of the driver and the 100,000 won.

B. Violation of the Act on Specialized Credit Financial Business and fraud (1) around 02:39 on April 5, 2018, the Defendant presented to the employee a new bank e-mail card in the name of C which was stolen, such as paragraph 1(a), from the G convenience store in the operation of the victim’s name-free box F, Sung-gu, Sung-si, Sungwon-si, and 103 on April 5, 2018, and then paid the payment to the employee as if he/she had the right to use the stolen C’s e-mail card, and then acquired the stolen e-mail card from the damaged person by receiving the 2A

(2) On April 5, 2018, the Defendant presented a new bank physical card in the name of C which was stolen as set forth in paragraph 1(a) from the J’s operation of the victim I located in J in Chang-si, Chang-si, Seoul Special Metropolitan City around April 03:24, 2018, to the employees as if the Defendant had the right to use the stolen C’s physical card, and the payment is equivalent to KRW 9,00,000 from the victims.