beta
(영문) 수원지방법원 성남지원 2018.08.09 2018고단734

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal history] On October 24, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. from the Suwon Giwon on June 26, 2014; six months of imprisonment with prison labor for special larceny; on November 12, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny; on April 29, 2016, the Defendant was sentenced to 1 year and six months of imprisonment with prison labor for special larceny, etc. from the Gagu prison on May 27, 2017.

[2018 Highest 734]

1. On February 2, 2018, the Defendant, at the victim’s house located in Seongbuk-gu, Sungnam-si, Sungnam-si, a temporary wife of the Defendant, using the gap of the victim’s outward from the victim’s house, carried one half of the market price of the victim’s possession, and stolen it.

2. On February 14, 2018, at around 04:04, the Defendant: (a) intruded into the office through the window before the G church office in which a victim F in Seongbuk-gu, Sungnam-si was in office; and (b) 3.50,000 won in cash on the part of the victim’s possession in the unconstitutional gold bag, which was left above the book and put up on the book.

In other words, they stolen them.

Accordingly, the defendant has committed larceny again within the period of repeated crime by a person who has been sentenced to imprisonment not less than three times due to larceny.

[2018 Highest 1380]

3. Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute such medium by receiving, demanding or promising any consideration in using or managing the access medium;

Nevertheless, the Defendant received a proposal from H on November 201, 2017 to the purport that he/she divided the Defendant’s physical card into two million won by lending it to another person, and conspired to lend the physical card under the name of H and the Defendant to another person. On November 201, 2017, the Defendant was linked to the Han Bank account (Account Number: K) opened in the name of the Defendant at the J located in G in Gyeonggi-gu, Gyeonggi-do, G.