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(영문) 전주지방법원 2013.03.21 2013고단749

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

[criminal power] On July 21, 200, the defendant was sentenced to transfer from the department of the Busan District Court to the Juvenile Department as a special larceny, etc. on December 6, 2001, the Busan District Court was decided to transfer the case to the Juvenile Department for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On July 3, 2007, the Ulsan District Court was sentenced to imprisonment for two years and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On September 1, 201, the defendant was sentenced to imprisonment for ten months from the sex branch of the Daegu District Court as a larceny and completed the execution of the sentence on May 21, 2012.

【Criminal Facts】

1. Around 03:00 on November 18, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft by taking out KRW 6.50,00,00 from the clothes of the victim E using cresh in the victim E, and continuously cutting off the cash of KRW 130,000,000,000,000,000 from the wall of the victim F, from the victim E.

In addition to this, the Defendant habitually stolen money and valuables worth KRW 3,405,000 in total, as shown in the list of crimes in attached Form eight times from that time until February 4, 2013.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On December 13, 2012, the Defendant: (a) received alcoholic beverages at the “H” point located in Guro-si, Seoul; (b) on December 13, 2012, the Defendant thought that he would be exempted from the payment of alcoholic beverages by settling accounts with an I credit card that stolen, such as the sequence 2 in the attached Table of Crimes, even if he was provided with alcoholic beverages; and (c) did not have the intent or ability to pay the said amount, the Defendant acquired pecuniary benefits equivalent to the said amount by being exempted from the payment by paying the said amount by settling accounts with the I’s Hyundai Card, which is one of the credit card holders that he was stolen, as above, by having received alcoholic beverages equivalent to 150,00 won at the market price.