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(영문) 울산지방법원 2018.08.17 2018고합126
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On June 19, 2009, the Defendant was sentenced to nine months of imprisonment by the Ulsan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on February 2, 2010, the Defendant was sentenced to one year and six months by imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on November 14, 201, the same court was sentenced to one year and six months by imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on October 25, 2013, the Defendant was sentenced to two years by imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on May 26, 2016; and on January 26, 2018, the Defendant was sentenced to two years by imprisonment for a crime of habitual larceny, etc. and was subject to the said sentence on January 26, 2018.

[Criminal facts]

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

A. On February 13, 2018, around 11:15, the Defendant opened a door that was not corrected for the private stay of the victim D in Ulsan-gun, Ulsan-gun, and cut off with a single Samsung 8.0% of the market value of the victim’s ownership at that place, with a single Samsung galm ju, which is equivalent to KRW 2.10,000,000.

B. On March 27, 2018, around 10:50, the Defendant: (a) committed theft with one cell phone jumal jumal ju, the victim G owned by the Defendant, with one cell phone jum, KRW 20,000,000 in cash owned by the victim H; and (b) one cell phone jum jum jum jum jum, with one cell phone jum jum.

Accordingly, the defendant habitually stolen another's property two times as above.

2. From March 28, 2018, the Defendant violated the Act on the Financial Business Specializing in Credit and the Act and the Defendant committed fraud, the following acts: (a) purchased one of the Victim K’s 40,000 won SD cards at the market price; (b) using H-owned I physical card, such as paragraph 1(b), by presenting it to the victim as if he/she was his/her body card; and (c) from March 27, 2018 to around 11:24, 2018.

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