2013 Highest 3997 Violation of the Act on Aggravated Punishment, etc. of Specific Crimes (Larceny), fraud;

Violation of Specialized Credit Financial Business Act

A person shall be appointed.

Any person who has a right to file a complaint with the State or a local government (public trial)

Attorney Park Hyun-sik (Korean National Assembly Line)

February 13, 2014

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 36 shall be confiscated.

Punishment of the crime

On February 27, 2007, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for attempted larceny in the Busan District Court's Dong Branch, and on May 12, 2010, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence for larceny in the same court, and on August 20, 2012, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor for the same offense in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court's District on August 11, 2013 and completed the execution of the sentence in the Jinju Prison.

1. Violation of the Aggravated Punishment, etc. of Specific Crimes Act;

On August 24, 2013: from 00 to 16:0, the Defendant: (a) removed the lock lock lock locking device of the victim C’s own market price of KRW 100,000,00,000 in cash located in the 303 clothes; (b) removed the locking device of the victim’s D cash 40,000,000 won and 50,000,000,000 won and 16:00,000 won and 78,000,000 won and 40,000,000 won and 50,000,000 won and 17,00,000 won and 7,00,000 won and 1).

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

On November 16, 2013: around 33: The Defendant purchased a raging license, etc. at the home flusing point located in the Busan-dong, Busan-gu, and performed as if the Defendant was the lawful holder of the NAB’s KB card, which was stolen as indicated in the attached Table No. 7 (1). Around November 4, 2013, the Defendant: (a) issued the sales slip to an employee in his name-free home flusing from the above credit card to November 9, 2013; and (b) signed the signature column of the sales slip; (c) acquired the 81,700 won in total at the market price from the above employee to the Defendant’s 81,700 won, such as the receipt of a raging license, etc.; (d) acquired the flusing credit card from November 4, 2013 to the Defendant’s 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the police officer with F;

1. Each statement of G, H, I, D, C,J, K, L, M, M, N, E,O, P, Q, R, R, T, and U

1. Photographs photographs of each CCTV course, each on-site photograph, and each photograph;

1. The police seizure record, the list of seizure and photographs thereof;

1. A detailed statement of use of the national card;

1. An investigation report (a specific report on a crime scene (ii)-related crime scene);

1. Previous records: Criminal records, etc. inquiry reports to the prosecution, investigation reports (suspects' previous records and reports), and written judgments;

Part 1 of each copy, and the current status of personal identification and acceptance;

1. Habituality of the judgment: Each criminal history, method of crime, frequency of crime, and the same kind of crime as the judgment are planned;

approval of dampness in light of repeatedness, etc.

Application of Statutes

1. Relevant Articles of criminal facts;

Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act (Habitual Larceny;

Article 347(1) of each Criminal Code (the point of fraud, the choice of imprisonment) and each credit specialized amount.

Article 70 (1) 3 of the Convergence Business Act (Selection of Imprisonment);

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (the largest case on which punishment is imposed)

Concurrent Crimes in Violation of the Punishment, etc. of Minor Offenses Act (Larceny)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Grounds for sentencing

○ 17 times habitually thief and purchase several times with stolen credit cards.

In the case of a crime, after the same criminal record has been committed several times and has been sentenced to punishment for habitual larceny and has been released from the court;

Punishment of a considerable period of time in light of the beginning of the theft of this case at approximately 20,00 weeks;

(A) inevitable

00,000,000 won and 2,000,000 won and the health status of the defendant

The details leading to the instant crime, including economic circumstances, and family relations, shall be considered in the term of punishment.

Judges Hah-sik