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(영문) 광주지방법원 2017.01.20 2016고합509

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On September 25, 2008, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's net support, and three years of imprisonment for the same crime in the Gangnam District Court's branch court on April 4, 2013, and completed the execution of the sentence in the Chuncheon District Court on February 1, 2016, and the same thief was also added five times.

[Criminal facts]

1. On September 30, 2016, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) opened a gate which is closed at the victim D’s house located in B around September 12, 2016 and opened a kitchen through the open kitchen, and stolen the 250,000 won in cash owned by the victim and the cream card in the name of the victim, with one copy of the victim’s title.

As a result, the Defendant was sentenced twice or more to the crime of larcenying property by habitually committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again stolen another person's property within three years after the execution of the sentence is completed.

2. Around September 30, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased tobacco 1 A and bottled from “G convenience store” operated by the victim F of the victim F of the Republic of Korea, Nam, and offered the said D’s e-mail card, such as the foregoing paragraph 2, and the Defendant deceptioned the victim as if he were the legitimate licensee of the said card, and received 1,700 won of tobacco equivalent to 5,700 won of the market price from the victim, by deceiving the victim as if he was the legitimate licensee of the said card, and received 1,000 won of the stolen debit card from September 30, 2016 to September 18:27, 2016, by deceiving the victims of the above D’s e-mail card with the e-mail card under the name of the victim of the crime, and received the stolen goods equivalent to KRW 279,790,790.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The details of transactions;