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(영문) 수원지방법원 2016.09.28 2016고단4005

특정범죄가중처벌등에관한법률위반(절도)등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 29, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in relation to assistance in Ansan-dogwon, and on March 19, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. on December 10, 2010, and was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 10, 2010. On March 22, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes from Suwon-dogwon on March 22, 2012, and completed the execution of the sentence on May 30, 2016.

1. On July 3, 2016, the Defendant: (a) committed a theft with a 190,000 won, driving license, and 20,000 won at the market price in which the victim E entered a toilet, who drinkd and administered alcohol together, around 23:5 on July 3, 2016, at around 3:05, the victim E entered the toilet.

2. On July 3, 2016, from around 23:57 to around 23:59, the Defendant violated the Act on Financial Business Specializing in Fraud: (a) purchased tobacco from an employee I from the H convenience store operated by the victim G in Suwon-si F; (b) as if he had obtained a legitimate right to use the Agricultural CF card in the name of E, as described in paragraph (1), and (c) was used as if he had obtained a legitimate right to use the said card; and (d) was issued from I, the amount of KRW 135,00 tobacco of KRW 135,00,000 at the market price.

Accordingly, the defendant, by deceiving the victim, received property and used stolen debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. G statements;

1. Mobile phone text messages, card receipts, transaction specifications, telecom and CCTV photographs of convenience stores;

1. Each investigation report (the details of the use of the victim card and the G counterpart investigation into the convenience store business owner);

1. A previous conviction in judgment: