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(영문) 인천지방법원 2013.05.30 2013고단2108

특정범죄가중처벌등에관한법률위반(절도)등

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A person shall be punished by imprisonment with prison labor for not less than two months, and imprisonment with prison labor for not less than one year and six months, for each of the crimes set forth in the judgment No. 2 and No. 3.

Reasons

Punishment of the crime

On February 13, 1992, the defendant was sentenced to two years of imprisonment for larceny, etc. at the Incheon District Court, and the judgment became final and conclusive on the same day. On November 2, 2006, the Incheon District Court sentenced two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of habitual fraud, and completed the execution of the above punishment on July 8, 2008. On February 11, 2010, the Incheon District Court sentenced six months of imprisonment for fraud, larceny, and the judgment became final and conclusive on May 27, 2010. On October 27, 201, the Seoul Southern District Court sentenced one year of imprisonment for larceny, etc. at the Seoul Southern District Court, which became final and conclusive on September 23, 2012.

1. On Dec. 2, 2009, the defrauded concluded that, within “E” located in “E” in Gyeyang-gu Incheon, which is operated by the Victim C, the Defendant concluded that, at the same time, the Defendant would place a pre-sale order for large amounts of food by stating that, “B is the President of the F Mountain village,” “B,” the members of the mountain conference, the members of the mountain conference, and the seven members of the mountain conference, who come to go through mountain, would be delivered at the end of the Saturday by the Saturday, and would cause delivery to the G apartment at 101 Dong-dong 106, G apartment with the inside of the city, and would have changed delivery to 100,000 won.”

However, the defendant did not reside in the above apartment, and even if he borrowed KRW 100,00 from the victim, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received 100,000 won in cash from the victim’s position.

2. Around March 21, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) said that “B is the head of the KK Motor Vehicle Team, who is the head of the JJ, will find employment of children,” and did not temporarily lend a mobile phone to the victim, which means that “B is the head of the KK Motor Vehicle Team, who is the head of the KMI operated by the victim H.”