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(영문) 광주지방법원 2018.10.05 2018고합314

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2] On April 19, 2006, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court on the Aggravated Punishment, etc. of Specific Crimes; on September 10, 2008, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on March 26, 2012, the same court was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on November 6, 2015, the Defendant was sentenced to three years of imprisonment for a crime of habitual larceny, etc. and completed the execution of the sentence on February 25, 2018.

[Criminal facts]

1. A defendant is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on April 2, 2018, the victim D was set up adjacent to another victim in a sloping letter located in C around 00:00 on April 2, 2018;

411,000 won in cash from the part of the machinery in which he was suffering from the danger of the victim, holding the right of the victim, and taking out the 411,000 won in cash from the part of the machinery in question.

From around that time to May 24, 2018, victims' property was stolen six times habitually, such as attached Table 1 remarks.

As a result, the defendant was sentenced two or more times due to habitual larceny, etc., and again stolen another's property worth KRW 3,309,000 in total habitually within three years after the execution of the sentence is terminated or exempted.

2. Around May 10, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) presented the stolen G body check to an unrecogn employee who was unaware of the fact as his/her card, such as Nos. 1 of the List of Crimes No. 4 of the annexed Table No. 1, and then, (b) paid the price of goods using a stolen credit card four times as in the annexed Table No. 2 of the List of Crimes No. 1 on the same day on the same day, including using a stolen credit card by having the victim pay for clothes equivalent to KRW 89,700 on the same day.

Accordingly, the defendant is the victims.