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(영문) 서울북부지방법원 2015.01.08 2014고단2555
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On June 22, 2011, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Western District Court, and on April 3, 2013, the Seoul Southern Southern District Court completed the enforcement of the sentence.

【Criminal Facts】

1. On July 6, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) took advantage of the interior window of the victim F located in Gangseo-gu Seoul Metropolitan Government E’s residence on the following occasions: (a) the victim used a gap in which the victim was sucked and neglected surveillance; and (b) one paper of the wall-keeping of the string female co-owned wall (one resident registration certificate, one new card, one card, one card, one card, one card, one card, one bank passbook, one passbook, agricultural bank passbook, one national security card, and 40,000 won in cash).

As a result, the Defendant habitually invaded the victim’s residence and stolen money and valuables.

2. Fraud, attempted fraud, and breach of the Specialized Credit Finance Business Act: (a) the Defendant, like the foregoing paragraph (1), has used the stolen F’s card at a convenience store, with the intent to purchase goods by deceiving employees, etc. as if he had legitimate right to use the card;

A. On July 6, 2014, around 05:58, F in the name of “H convenience store located in Seongbuk-gu Seoul Metropolitan Government G”, as the Defendant was a legitimate licensee, presented and used the stolen credit card by purchasing goods of an amount equivalent to KRW 27,000 to an employee in the name of the above convenience store as the Defendant was a legitimate licensee, and then illegally uses the stolen credit card, and obtaining pecuniary benefits equivalent to that amount;

B. At around 06:03 on the same day, purchased goods equivalent to KRW 29,900 by the F’s slot Card in the name of Seongbuk-gu Seoul Metropolitan Government in the aforesaid manner, and illegally use stolen credit cards and acquire pecuniary benefits equivalent to the same amount;

(c) The same day;

7.6. 6. 06:07 'L convenience store located in Dongdaemun-gu Seoul Metropolitan Government'.

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