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(영문) 인천지방법원 2019.09.18 2019고단4522
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court. On August 19, 2010, the same court was sentenced to three years of imprisonment for the same crime. On August 18, 2016, the same court was sentenced to one year and four months of imprisonment for larceny, fraud, etc. and completed the execution on October 17, 2017.

1. From around 05:30 on June 30, 2019 to 06:00, the Defendant discovered that one of the old sludge in the market value of KRW 400,000 in cash owned by the victim B, one resident registration certificate, one driver’s license, and one of the Kakakao Bank Crow card, which was located in the middle-gu Incheon Arts Center of 172, Namdong-gu, Incheon, Nam-gu, Seoul, had been stolen by using the difference in the victim’s diving.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, but theft was committed again during the period of repeated crime.

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

A. At around 06:00 on June 30, 2019, the Defendant: (a) purchased the 1st floor of the building, Nam-gu, Incheon Metropolitan City, in the absence of the intent or ability to pay the price of the goods; (b) purchased the 2 soldier’s disease and Kim 2, which was stolen B’s Kaka Bank Card (E) in the above name, and presented it to the victim F, an employee of the convenience store, as he/she was the right holder; and (c) had the victim pay the price of the goods.

The Defendant, by deceiving the victim as such, received 2 soldiers, Kim 2, and used stolen debit cards from the victim F, that is, the sum of the market value of KRW 4,900 from the victim F.

B. On June 30, 2019, around 09:22, the Defendant: (a) at the “a coffee shop” on the H2 floor located in Michuhol-gu Incheon, Michuhol-gu, Incheon; and (b) the Defendant has no intent or ability to pay the meal cost.

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