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(영문) 수원지방법원 2019.04.26 2019고단235

상습특수절도등

Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2015, the Defendant was sentenced to two years of imprisonment for habitual special larceny in the Daejeon District Court, and was released on February 28, 2017 in the Daejeon Prison on parole on July 3, 2017 during the execution of the sentence.

[2019 order 235] On October 17, 2018, the Defendant, at around 03:16, committed a theft with the cash amounting to KRW 400,000,000,000 owned by the victim C, who was located in Michuhol-gu Incheon Metropolitan City, by making any cre in the “D restaurant” operated by the victim C, who was in his/her possession of Michuhol-gu, Incheon, and caused the destruction of the locking device by taking the straw up the door by force, and invaded the locking device into account.

In addition, the Defendant habitually stolen or attempted to steals another person's goods over 26 occasions from October 17, 2018 to January 3, 2019, such as the list of crimes in the annexed sheet, but did not commit an attempted crime.

[2019 Highest 562]

1. On August 3, 2018, the criminal defendant against the victim E made a false statement to the victim E in a restaurant where it is impossible to know the trade name located in the Seosung-dong, Daejeon Seosung-gu, Daejeon, that "it has been written with a loan, but it has not been repaid 2 million won among them. It is too small, and 2 million won should be used as expenses incurred in the construction in progress at present, and 4 million won should be loaned to the victim E. It is 5% interest and 5% interest shall be paid, and the construction cost shall be received by the end of August."

However, in fact, the Defendant could not meet all the bonds or construction costs with the money borrowed from the victim at the time, and even if the payment of the construction cost was made, there was no intention or ability to repay the money even if he borrowed the money from the victim, because the Defendant had to pay the debt, construction work cost, materials cost, and various insurance premiums.

Nevertheless, the defendant receives 4 million won from the victim's bank account (Account Number: G) in the name of the defendant on the same day, and on August 12, 2018, he apartment of Daejeon P apartment.