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(영문) 수원지방법원 2014.01.13 2013고합753
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Two copies (No. 1 and 2) of seized credit cards shall be returned to the victim D.

Reasons

Punishment of the crime

On November 3, 2008, the Defendant was sentenced to imprisonment with labor for a maximum of one year and two months and one year and one year and one year, and on May 1, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On September 22, 2013, the Defendant completed the execution of the sentence at the Busan Correctional Institution.

1. Around 01:00 on October 13, 2013, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) violated the Aggravated Punishment, etc. of Specific Crimes (i.e., the Defendant intruded into the Republic of Korea through the heat rash of “F” located in Hanam-si E, and (ii) committed a theft of the victim’s property by having one G credit card (H) and one credit card (credit card number J) owned by the victim D located in west-si.

2. On October 13, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 01:38, 2013, the Defendant presented two stolen credit cards to the employees of convenience stores as if he were his card, even though he had no intent or ability to normally pay the price even if he purchased the goods; (b) on the other hand, the Defendant used the stolen credit cards by delivering two stolen credit cards to the employees of convenience stores, as above, equivalent to KRW 2,500, the market price of which is equivalent to KRW 40,000, the total amount of KRW 1,500, the market price of which is equivalent to KRW 1,800, and KRW 113,820, the market price of which is equivalent to KRW 20,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records and receipts using stolen credit cards;

1. Seized objects and photographs;

1. An investigation report (verification of the facts of damage caused by fraud, N counterpart to the employee of a convenience store);

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (Attachment to decisions on suspect records and summary orders), each judgment, copies of summary orders, report on results of confirmation of disposition and telephone, and personal seal impression;

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