beta
(영문) 인천지방법원 2018.10.31 2018고단6692

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] On April 30, 2015, the Defendant was sentenced to two months of imprisonment with prison labor for larceny, etc. at the Incheon District Court on January 21, 2016, and ten months of imprisonment with prison labor for larceny, etc. at the same court on January 21, 2016. On May 24, 2017, the same court was sentenced to one year of imprisonment with prison labor for larceny, etc., and completed the execution of the sentence in an Ansan prison on March 7, 2018.

[Criminal facts]

1. Athief: (a) around 00:00 on July 19, 2018, the Defendant opened a door that was parked in X of the Incheon Dong-gu, Incheon, and entered into the door with a AA physical fitness card owned by the victim, a Habice card, a J points accumulation Card, etc.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor for larceny, and again stolen the victim's property within three years after the execution of the sentence is completed.

2. On July 19, 2018, around 00:41, in the course of settling KRW 5,040 (5,040) from a victim AB’s AB’s taxi near the Yongsan-dong, Yongsan-gu, Incheon, the defrauded, the Defendant: (a) presented the victim’s check as his/her own, and had the victim settle the said price with the said card; (b) from around that time to around 03:13 on the same day, the Defendant acquired the money by deceiving KRW 402,040 on a total of seven occasions, as shown in the list of crimes in the attached Table.

3. The Defendant in violation of the Act on Specialized Credit Financial Business, when paying the price as described in paragraph 2 at the date, time, place, as described in paragraph 2, used a stolen body card over seven times in total from around that time to around 03:13 of the same day, such as: (a) the Defendant presented one copy of the AA card under the name of Y, which was stolen as described in paragraph 1, as if he was the person having the right to use the said card; and (b) had a taxi listed in paragraph 2 pay KRW 5,040 to AB of the taxi as if he was the person having the right to use the said card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of Y, AB, AD, AE, AF, AG, and AH;

1. On-site reports (request for field reports and identification investigation);