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(영문) 서울서부지방법원 2018.09.28 2018고합197

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

To the extent that the facts charged do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

[2] On November 16, 2005, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and on March 18, 2009, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the original branch of the Chuncheon District Court. On June 21, 2012, the Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the original branch of the Chuncheon District Court, and completed the execution of the sentence on May 3, 2017. On November 29, 2017, the Defendant was sentenced to six months of imprisonment for a larceny, etc. at the Seoul Western District Court, and completed the execution of the final sentence on March 25, 2018.

[Criminal facts]

1. On July 15, 2018, the Defendant drinks alcohol with the victim at the victim's house located in Mapo-gu Seoul Metropolitan Government on or around 22:00, at the victim's house located in Mapo-gu around July 15, 2018, at the victim's house located in Mapo-gu, together with the victim; the victim enters the kitchen using the crebs among toilets; the victim taken off the victim's wall from the back part of the victim's room; and the victim took off the victim's wall from the back part of the part part of the victim; and then, she takes off one Samsung card owned by the victim.

We stolen the property owned by the victim. Accordingly, the Defendant was sentenced twice or more due to the habitually stolen crime, and the execution of the sentence was completed, and the Defendant habitually stolen the property owned by the victim within three years after the execution of the sentence was completed.

2. On July 15, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) was engaged in G female in Seongbuk-gu Seoul, Seongbuk-gu, as if the Defendant was the lawful holder of the credit card in the name of Seongbuk-gu, Seoul; and (b) made the said employee prepare the sales slips by presenting the said credit card to his/her employee, while paying accommodation expenses equivalent to 30,000 won.