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(영문) 서울북부지방법원 2018.11.02 2017고단3633
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

The seized evidence Nos. 1 and 2 shall be returned to the person who has lost the name of each victim.

Reasons

Punishment of the crime

[criminal record] On October 14, 2005, the defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court's Assistance, and the judgment became final and conclusive on the 17th of the same month. On April 15, 2009, the Daejeon High Court sentenced three years of imprisonment for the same crime, and the judgment became final and conclusive on the same day. On November 1, 2013, the Daejeon District Court sentenced three years of imprisonment for the same crime, and completed the execution of the sentence on June 13, 2016.

[Criminal facts]

1. At around 19:00 on June 14, 2017, the Defendant, as a matter of course, took the victim D and alcohol in the direction of convenience points C located in Dongdaemun-gu Seoul Metropolitan Government.

While the Defendant had a conversation with the victim, the Defendant laid the victim’s cell phone on the table, laid the gap on the toilet, cut off the KB’s physical card, which was the victim’s possession, which was displayed at the victim’s cell during the victim’s portable phone.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On June 14, 2017, the Defendant purchased from “F convenience store” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul on 19:50 on June 14, 201, the Defendant presented that the cream card in the name of the victim was the card that was stolen, as described in the above paragraph (1).

Defendant deceiving the victim as above, obtained a delivery of 4,000 won Kim 20 million won from the injured party, and acquired it by fraud, and used stolen physical check cards.

B. The Defendant purchased 1,00 square meters on the first day at the “H” store located in Dongdaemun-gu Seoul Metropolitan Government around the same day, and suggested that the victim’s name was stolen as indicated in paragraph (1) as if the victim’s name was his/her card.

As above, the defendant deceivings the victim as above, and he received an 59,000,000 won or more from the victim, and acquired it by fraud, and used a stolen e-mail card.

(c)

The defendant around 20:21 on the same day to Dongdaemun-gu Seoul Metropolitan Government I.

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