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(영문) 춘천지방법원 2013.08.06 2013고합63

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Criminal facts

On November 16, 2007, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and on January 28, 2010, sentenced to three years of imprisonment with prison labor for the same crime in the Jeonju District Court’s Gunsan Branch, and on December 21, 2012, the Defendant was a person with eight times of larceny criminal records in addition to the completion of the execution of the sentence in the Chungcheong detention center.

The Defendant intruded into a private teaching institute with nationwide and mainly at night, and stolen cash and credit cards, etc., and tried to use cash services or withdraw deposits from a stolen credit card or debit card.

1. Violation of the Aggravated Punishment Act;

A. At around 19:00 on March 27, 2013, the Defendant: (a) opened and intruded into the D Teaching Institutes located in G in Gannam-si; (b) then, (c) the Defendant, who is an employee of the Defendant, stolen the Plaintiff’s cash 230,000 won owned by the victim, including KRW 230,00,000, credit card 2, cash card 2, identification card2, identification card 2, and license.

In addition, from May 31, 2013 to May 31, 2013, the Defendant habitually intruded another’s structure during a total of 20 times, such as the list of crimes (1) as shown in the attached Table of Crimes (1), and stolen the property.

B. On March 27, 2013, the Defendant collected 900,000 won by means of cash services on two occasions, including the following: (a) at the victim Cit Bank Death Point located in the Suwon-si Si Si Macro, 19:53; (b) at the victim Cit Bank Death Point; and (c) at the cash withdrawal point installed therein, collected e-mail cards that were stolen; and (d) withdrawn 1,70,000 won by inserting a new card and inputting a password, and then withdrawn 1,70,000 won via three times.

In addition, the Defendant also habitually from May 28, 2013 to May 28, 2013, total of KRW 21,142,00 from the cash withdrawal period to 11 times, such as the list of crimes (2).