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(영문) 서울서부지방법원 2012.11.08 2012고합351

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On January 22, 198, the defendant was sentenced to imprisonment with prison labor for larceny at the branch of the Seoul District Court in the Seoul District Court on July 5, 198; imprisonment with prison labor for a short term of ten months and a long-term of ten years for larceny; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); two years for the same crime at the Incheon District Court on October 22, 1996; two years for the same crime at the Southern Branch of the Seoul District Court in November 26, 1993; imprisonment with prison labor for a period of two years for the same crime at the Seoul District Court in October 22, 196; imprisonment with prison labor for a period of two years from the Southern Branch of the Seoul District Court in the Seoul District Court on February 24, 199 to 20 years; and imprisonment with prison labor for a period of two years from the Seoul District Court on December 25, 2002 to 3.

[2012 Gohap351]

1. Around 20:40 on May 27, 2012, the Defendant habitually abused a credit card of a corporate bank owned by the victim and stolen it by taking out one copy of the credit card of the victim’s bank, which was contained in the table A, while drinking alcohol together with the victim F at the restaurant clinic called “E” located in Bupyeong-si, Seocheon-si, Seocheon-si, Seoul.

2. On May 27, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased one half of the net amount equivalent to KRW 1,490,000 at the market price owned by the victim H from the “I” in the operation of the victim H located in Bupyeong-gu, Seocheon-gu, Seocheon-si; (b) presented the said credit card to J as if the Defendant was the lawful holder of the credit card of the company bank in the name of F that the Defendant stolen as in paragraph (1) and issued the said card to the Defendant, as if he were the lawful holder of the credit card in the name of the company bank in the name of F, 1,490,000, and received the said half amount, 4 times in total as shown in the list of crimes.