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(영문) 서울서부지방법원 2014.09.19 2014고단2009
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 11, 2014, the Defendant was sentenced to a suspended sentence of three years in the Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

1. On April 16, 2014, around 01:30, the Defendant discovered a vehicle owned by the victim D that was parked on the front road of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and opened a entrance without locking the vehicle. On the other hand, the Defendant taken cash of KRW 800,000 and KRW 300,000 from the victim’s main machine located on the rear seat of the drunk and KRW 40,000 at the market price of KRW 5,000,000,000 from April 16, 2014 to June 22, 2014, the Defendant used the victim’s vehicle parked in the same manner nine times, such as the list of crimes in attached Table (i.e., KRW 19,498,892 from the vehicle).

Accordingly, the Defendant habitually stolen the victims' objects at least nine times as above.

2. On April 16, 2014, at the G convenience store operated by the victim FF in Seodaemun-gu Seoul Metropolitan Government on April 16, 2014, the Defendant of fraud and Specialized Credit Financial Business Act: (a) provided that as if he had a legitimate right to use, 27,000 won should be presented to the above convenience store employees as if he had a legitimate right to use, and that the Defendant, from that time to June 20, 2014, presented a stolen credit card and made payment by presenting it to the said convenience store employees.

Accordingly, the Defendant used stolen credit cards for more than six occasions, and acquired a total of KRW 717,850 by deceiving convenience store employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of H, I, J, K, L, and M;

1. Written statements of D;

1. Statement of seizure of each police;

1. The victim of the investigation report;

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