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(영문) 광주지방법원 목포지원 2015.10.16 2015고단822
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 10, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, which became final and conclusive on September 18, 2008, but the suspended sentence was revoked on August 25, 2009; on June 4, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Ulsan District Court; on August 16, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on December 9, 2014.

1. At around 23:30 on May 24, 2015, the Defendant collected and stolen KRW 550,000,000 on two occasions, including: (a) the Defendant, at the age cash payment season managed by the victims’ Electronic Finance Corporation of Yong-gu, Young-gun, Young-gu, Youngnam-si, 30,000, in a cash payment season, in which C collected and stored the NH C’s Trac Card from a submerged intersive locked; (b) the password of the said card previously known was entered; and (c) the Defendant withdrawn KRW 250,000 on two occasions, such as withdrawing KRW 250,00 by the same method using the said card at the same place on May 25, 2015.

2. On May 25, 2015, the Defendant: (a) on May 25, 2015, the Defendant: (b) 103 Dong-gun D apartment 102; (c) the victim C residing together with the victim C, who was put in the victim’s work clothes; and (d) stolen the victim with one debit card of Busan Bank, which is owned by the victim, from the victim’s wall.

3. On May 25, 2015, from around 09:00 to 09:05, the Defendant: (a) included the instant debit card of the victim C, which was stolen as described in the said paragraph, in a cash payment season; and (b) withdrawn KRW 4.9 million on seven occasions by inserting the password of the said card, which was known in advance, into a cash payment season; and (c) withdrawing cash.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Second police suspect interrogation protocol against the accused (including the C’s statement);

1. Each police officer against C.

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