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(영문) 서울중앙지방법원 2013.04.04 2013고단786

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On September 2, 2003, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Seoul Central District Court (Seoul Central District Court) on December 23, 2004, 6 months from the Daejeon District Court (Seoul District Court) to imprisonment with prison labor for larceny, and 8 months from the Incheon District Court on January 3, 2008. On May 27, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court (Seoul Central District Court) and completed the execution of the sentence on October 15, 201.

【Criminal Facts】

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, committed a theft of money and valuables against those who had been under the influence of alcohol on subway or on new walls. On September 20, 2012, around 03:00, the Defendant discovered and accessed that the victim D (24 years old) was under the influence of alcohol before the Yongsan-gu Seoul Yongsan Police Station, prior to the Yongsan-gu Seoul Yongsan Police Station, and then cut off the victim’s cell phone with a volume of KRW 100,000 per annum and KRW 910,000 per annum and KRW 300,000 per annum.

In addition, from that time until February 6, 2013, the Defendant stolen another person’s property worth KRW 7,310,000 in total habitually over eight times, as shown in the attached list of crimes (1).

2. On September 20, 2012, the Defendant violated the Fraud and the Specialized Credit Financial Business Act purchased tobacco, coffee, etc. of the amount of KRW 6,200 from the 'E store' in Yongsan-gu Seoul, Yongsan-gu, Seoul. On September 20, 2012, the Defendant paid the national card presented by the Defendant as if the Defendant was the victim D, who was stolen as set forth in paragraph 1(1)(1), and paid the price as if he was one’s own, and used the stolen credit card.

In addition, from that time until February 2, 2013, the Defendant received a total of KRW 79,300 worth of KRW 79,300 in the same way as the attached list of crimes (2) in the same way, and a stolen credit card.