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(영문) 대전지방법원 2020.06.24 2020고단1796

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 21, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on August 21, 2007. On January 14, 2010, the Defendant was sentenced to imprisonment with prison labor for three years and six months for the same crime, etc. in the Daegu District Court Kimcheon Branch on September 26, 2014. On September 26, 2014, the Defendant was sentenced to five years for imprisonment with prison labor for the same crime, etc., and completed the execution of the sentence in the Daegu District Court on March 19, 2019.

【The Defendant committed the crime at around 04:45, Apr. 4, 2020, by opening a locked guest room and intrusion inside the room, and then cutting off with one wall with 240,000 won in cash, which is one of the cash owned by the victim D, from around that time to April 20, 202, the Defendant stolen money and valuables worth KRW 2,30,000, by intrusion into the room occupied by the room for three times in total, as described in the separate list of crimes.

【Criminal Power】 On September 26, 2014, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in the Youngcheon District Court’s Young-gu branch on September 26, 2014, and completed the execution of the sentence by the Ycheon Prison on March 19, 2019.

(2) On July 19, 2019, the Defendant: (a) purchased a G benz car at the F office of the used cars selling company located in Suwon-gu, Suwon-gu, the Defendant entered into a loan agreement with the victim H Co., Ltd. (hereinafter “victim Co., Ltd”); (b) with the principal of KRW 29.9 million, the loan period of KRW 48 months, the loan interest rate of KRW 13.9%, and monthly payment of KRW 815,562; and (c) around July 22, 2019, the Defendant provided the victim Co., Ltd. with the said benz car as security, thereby creating a mortgage.

The defendant did not pay the principal and interest at all after making two installments from the victim company.