beta
(영문) 서울중앙지방법원 2020.11.25 2020고단6801

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. On August 31, 2020, the Defendant: (a) around 11:30 on August 31, 2020, on the street in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, 139; and (b) on the street in the New-dong Scenic Park, he opened a steering door that does not lock B Poter freight cars; and (c) took and stolen one E card in the name of the “stock company D” corporation managed by the victim C.

B. On September 12, 2020, around 09:42, the Defendant: (a) opened a string door that was parked on the route of the Tone Star 24-ro, Dongjak-gu Seoul Metropolitan Government, and took a theft of KRW 150,000, H card, corporate bank card, and wallets containing a foreign registration certificate in cash from the bank owned by the victim G.

Therefore, even if the defendant was sentenced to imprisonment not less than three times due to larceny, he/she has committed larceny during the period of repeated crime.

2. Around September 22, 2020, the Defendant, on September 14, 2020, embezzled a copy of the E- Card lost by the victim J in the vicinity of the Jongno-gu Seoul International Market, but did not follow due process, such as returning the card to the victim, and embezzled the property that he/she would have, without following due process.

3. Fraud by using computers, etc.;

A. At around 12:21 on August 31, 2020, the Defendant: (a) used the E- Card in the name of the “Corporation D,” which was stolen, such as the above “1-A,” and used the E- Card in the name of the “Corporation D,” which was managed by the Defendant, at around 12:21, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (b) charged KRW 51,500 to the K Card he possessed; and (c) on the same day from the said date to the said date.