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(영문) 전주지방법원 정읍지원 2015.07.01 2015재고합2

특정범죄가중처벌등에관한법률위반(절도)등

Text

The punishment of the accused shall be three years of imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On April 21, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Jeonju Prison on August 11, 2012.

In addition, on February 3, 2005, imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court, Jeonju District Court, on March 13, 2003, one year and six months, one year and one year of imprisonment with prison labor for larceny, etc. at the Jeonju District Court, on November 4, 1993, eight months of imprisonment with prison labor for larceny, etc. at the Jeonju District Court, the Jeonju District Court, on April 30, 1987, one year and six months, one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on August 13, 1986, and on April 21, 1983, the court was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court.

【Criminal Facts】

1. Around December 30, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) entered the victim D’s house located in Jung-Eup at Jung-Eup, with the entrance door opened up, and stolen Samsung Credit Card owned by the victim, who was under the victim’s right of intrusion, with one copy of the victim’s son, who was under the victim’s right of intrusion.

Accordingly, the defendant habitually stolen the victim's property.

2. On December 30, 2012, the Defendant violated the Fraud and the Specialized Credit Finance Business Act purchased one gold-half of the amount equivalent to KRW 1,460,000 in the market price at the HF run by the victim G in Jeong-Eup, Jung-gu, Seoul, the Defendant presented the said credit card to the victim as if the said credit card was his own credit card and signed on the sales slip, and then required to pay the said amount of KRW 1,460,000 after having presented the said credit card to the victim as if the said credit card was not his own credit card.

Accordingly, the defendant, by deceiving the victim, received one of the above half-yearlys, fraudulently acquired them, and used a stolen credit card.

b)a summary of the evidence;