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(영문) 서울북부지방법원 2020.05.26 2019고단5385

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal record] On January 4, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court). On April 23, 2014, the Defendant was sentenced to 1 year of imprisonment with prison labor for special larceny, etc. on January 13, 2017, and was sentenced to 3 years of imprisonment with prison labor at the Seoul Northern District Court for special larceny, etc. on September 16, 2019.

[Criminal Facts] 2019 Highest 5385]

1. Around 18:00 on October 29, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., theft) committed an intrusion upon the victim C’s residence located at the entrance of the entrance, by opening a entrance and opening a door by means of the key, and entering into the entrance. In addition, from around that time to November 27, 2019, the Defendant invadedd the victim’s residence, such as 5,389,000 won in total, or attempted to steals property or infringed upon the victim’s residence, such as the list of crimes (1) No. 2.

2. From November 16, 2019, the Defendant, from around 02:39 to around 17:39 of the same month, found one copy of the H Card lost by the Victim G in front of Seongbuk-gu Seoul, Seongbuk-gu.

The Defendant, without taking necessary procedures such as returning the goods that he acquired as above, embezzled it by having his idea to have, without taking necessary procedures.

3. On October 29, 2019, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased one can or coffee equivalent to KRW 1,100 from the “K convenience store” operated by the victim J in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) presented a stolen credit card bank to the employee of the convenience store in name, as described in paragraph (1), and received one can or coffee equivalent to KRW 1,100 from the said employee.