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(영문) 서울서부지방법원 2013.09.11 2013고단1644

특정범죄가중처벌등에관한법률위반(절도)등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2012, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to be punished by larceny; on November 9, 2012, a summary order of KRW 2 million to be punished by larceny; on November 12, 2012, the Incheon District Court issued a summary order of KRW 3 million to be punished by larceny; on December 7, 2012, a summary order of KRW 2 million from the Seoul Western District Court to be punished by larceny; and on December 7, 2012, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to be punished by larceny.

1. Around 02:00 on August 1, 2012, the Defendant discovered the victim C, who was under influence of alcohol in the street around the modern department store in Seodaemun-gu Seoul, Seocheon-gu, Seoul, and found the gap in which management was neglected, and turned out one MCM wall in an amount equivalent to KRW 900,000 in the market price owned by another victim, including one cellphone, one resident registration certificate, one certificate of discharge, one certificate of discharge, one cash, 3,000 won in cash, a national card, a new card, and a bar card.

The Defendant habitually stolen property worth KRW 8,792,340, total market price from 10 times to 03:30 on June 23, 2013, as shown in attached Table 1.

2. On June 4, 2013, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) presented one copy of the modern card in the name of F, which was stolen by the Defendant, to the victim as stated in the above crime inundation No. 1-4; (b) made the victim as the above F; (c) made the said victim prepare one copy of the credit card sales slip equivalent to KRW 2,700; and (d) made the said victim enter into the member signature; and (c) issued the stolen credit card by signing on the member signature; and (d) obtained the said victim’s tobacco amounting to KRW 2,700 at the market price.

From that time to June 22, 2013, the Defendant acquired property worth 635,800 won in total on three occasions, such as the entry in the list of crimes in attached Table 2, from that time, and acquired by deception.

3. The Defendant who embezzleds stolen objects that have been occupied on June 22, 2013.