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(영문) 서울동부지방법원 2014.11.26 2014고단2291

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 23, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul East Eastern District Court for a maximum of one year and six months, or ten months, and on July 14, 2013, the same criminal records are more than once in addition to the completion of the execution of the sentence.

【Criminal Facts】

[2014 Highest 2291] On July 9, 2014, the Defendant, at the Han River Water Site located in Songpa-gu Seoul Metropolitan City Hanporo, 65 (DK5 (DK5) at Han River Water Site on July 9, 2014, the Defendant, with a cresh in cash of KRW 300,000,000, and one resident registration certificate at the market price of KRW 300,000,000, was stolen.

In addition, the Defendant habitually stolen money and valuables worth KRW 5,035,00,000 in total, nine times from the beginning of July 2014 to the end of July 27 of the same month, as shown in attached Table 1.

[2014 Highest 2654] On July 16, 2014, the Defendant: (a) accessed the mobile “F” website using a female-friendly job offering E’s smartphone at a place where it is impossible to know a place not exceeding Seoul; and (b) falsely told the victim G who reported and contacted the article that “I wish to send money first to the post office on the following day.”

However, due to the fact that the defendant did not have a watch, even if he received money from the victim, he did not have the intention or ability to sell the bank.

The Defendant received KRW 80,000 from the victim to the single bank account in the name of E on the same day, and received KRW 180,000 from July 14, 2014 to the above date and time from July 2, 2014, totaling KRW 180,000 from the victims to the said bank account for three occasions, as shown in attached Table 2.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

[2014 Highest 2291]

1. Defendant's legal statement;

1. Each police statement of H, I, J, K, L, M, N, andO