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(영문) 대구지방법원 2013.09.12 2012고단2203
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. [Attachment 2012 Highest 2203] The Defendant was sentenced to a fine of 50,000 won for larceny at the Daegu District Court on October 11, 201, a fine of 70,000 won for the same offense in the same court on the 28th of the same month, and a fine of 70,000 won for the same offense in the same court on December 5 of the same year, respectively.

On December 25, 2011, at around 12:30 on December 25, 201, the Defendant cut off the victim D’s visibility amounting to KRW 2,129,500 in total by 13 times from the above date to March 8, 2013, using a gap in which the surveillance of the victim D, who is the owner of the business, was neglected at a store located on the 1st floor of Daegu Northern-dong, 378-23 Homeplus Daegu-si, the Defendant used the gap in the surveillance of the victim D, the owner of the business.

Accordingly, the defendant habitually stolen the victims' property.

2. [Attachment 2013 Highest 4539]

A. On April 12, 2012, the Defendant, at around 13:00, acquired a driver’s license, which was owned by the victim G due to theft and loss of the victim G from his/her name injured party, on the front of the Fsports Center located in Daegu Northern-gu, Daegu, Daegu, on the road.

The defendant did not follow necessary procedures such as returning the driver's license that he acquired as above to the victim and did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. The Defendant forged a private document.

The driver's license obtained in the name of G was used to open the cell phone in G name.

On December 17, 2012, the Defendant: (a) at an irregular KT mobile phone agency located in Daegu Northern-gu, Daegu-gu, on the application form for joining, the Defendant “G”, “H” in the name column, “I” in the resident registration number column, and “K” in the Daegu Northern-gu J, and the payer’s name.

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