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(영문) 광주지방법원 2014.10.29 2014고단2041
특정범죄가중처벌등에관한법률위반(절도)등
Text

1. Facts constituting the crime under paragraphs (1) and (2);

D. As to paragraphs (1) and (3), the defendant shall be punished by imprisonment with prison labor for not less than one year and six months.

2...

Reasons

Punishment of the crime

On May 10, 2002, the Defendant was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Gwangju District Court on March 18, 2008 to eight months of the suspension of the execution of imprisonment for attempted larceny. On July 23, 2010, the Defendant was sentenced to six months of imprisonment for larceny at the Gwangju District Court on September 3, 2010 and completed the execution of the sentence at the Gwangju Correctional Institution. On October 29, 2012, the Defendant was sentenced to ten months of imprisonment for larceny at the Gwangju District Court on January 29, 2013 and the judgment became final and conclusive on January 29, 2013, and the execution of the sentence was terminated in the Sejong Correctional Institution on August 1, 2013.

In addition, the defendant has been punished for the same crime three times more.

Criminal facts

1. Around 01:00 on June 26, 2012, the Defendant brought 58,000 won in cash owned by the victim E, who was under the influence of alcohol in front of the branch bank of the Yacheon-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju, and brought one stop with the Samsung Card, one Samsung Card, one Samsung Card, and one driver’s license, until May 24, 2014, the Defendant brought her goods to the victims at least five times in total, as described in the list of crimes in the separate sheet.

Accordingly, the defendant habitually stolen the victims' property.

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

A. From June 26, 2012 to June 26, 2012, the Defendant: (a) had “G main stores” located on the third floor of the Seoul Seo-gu F building in Gwangju-gu, with the intention to use a stolen E-owned national card as described in the table of crime Nos. 1; (b) ordered alcohol and settled the payment of the drinking value of KRW 370,000 after drinking (3 times over KRW 170,000, KRW 100,000, KRW 100,000) after drinking; and (c) presented that the said card was owned by himself/herself, the Defendant had an employee under his/her name pay the said KRW 370,000,000, thereby acquiring the same amount of economic benefits; and (d) had a stolen credit card.

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