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(영문) 울산지방법원 2017.08.18 2017고합166

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On October 5, 2016, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny at the Seoul Western District Court, and on February 6, 2014, the Busan District Court sentenced the Defendant to one year and eight months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, etc. on July 30, 2015, and completed the execution of the sentence at the Busan District Court. On July 7, 2016, the Defendant was sentenced to one year of imprisonment for habitual larceny at the Seoul Central District Court, and completed the execution of the sentence at the Ansan Prison on March 1, 2017.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. On March 13, 2017, the Defendant cited the total market value of KRW 88,500,000,000 in total, including 1 copy of the physical card in the name of the victim, 35,000 won in cash, and 1,000 won in the name of the victim, while drinking alcohol together with the victim E 101, which is the residence of the victim D in Yangsan City, around 03:0 on March 13, 2017, and 3,000 won in cash.

B. On May 8, 2017, the Defendant: (a) entered the instant real estate to question the route, and (b) placed the said real estate under the victim’s name, who had no person on his/her book while leaving the said real estate, reported one of the following: (c) the market price in which there was a cash of KRW 3.55 million owned by the victim; (d) one resident registration certificate; (e) one of the driver’s license; and Samsung Credit Card.

As a result, the defendant was sentenced to imprisonment more than two times due to habitual larceny, etc. and again committed the crime of Article 329 of the Criminal Act twice again within three years after the execution of the sentence is completed.

2. On March 13, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: D, the name of the victim, who was stolen, as described in the foregoing paragraph 1(a), at the point where the victim’s name was in the location of the bus terminal located in Yangsan-si, Yangsan-si, Busan-si, 710-1.