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(영문) 대구지방법원 2020.02.11 2019고단5773
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a year.

Reasons

Punishment of the crime

【Defendant A was sentenced to one year of imprisonment with prison labor for larceny at the Daegu District Court on December 4, 2007; on October 22, 2009, the same court was sentenced to six months of imprisonment with prison labor for larceny; on May 4, 2012, the same court was sentenced to eight months of imprisonment with prison labor for special larceny; on August 14, 2012, the same court was sentenced to six months of imprisonment with prison labor for special larceny; on August 20, 2015, the same court was sentenced to one year and six months of imprisonment with prison labor for habitual larceny; on March 16, 2018, the Daegu District Court sentenced one year of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at a permanent prison on November 5, 2018.

Defendant

B On May 4, 2012, the Daegu District Court sentenced two months of the suspension of the execution of imprisonment for a special larceny to six months. On August 14, 2012, the same court sentenced six months of imprisonment for a special larceny to six months and two months of imprisonment for a special larceny. On September 11, 2015, the Superintendent General of the Daegu District Court sentenced eight months of imprisonment for a special larceny to eight months, and on November 8, 2018, the execution of the sentence was completed in Daejeon Prison District Court’s territorial branch.

"2019 Highest 5773"

1. Around 02:00 on August 28, 2019, Defendants in violation of the Aggravated Punishment, etc. of Specific Crimes (thief) committed theft with only one credit card owned by the victim F and one copy of the Nonghyup C 4, Daegu-gu, Daegu-gu, with a shock and bottom of the said telecom and one copy of the said telecom.

As a result, the defendants stolen the property owned by the victims together.

2. The Defendants in collusion with the Defendants in violation of the Fraud and the Specialized Credit Financial Business Act, on August 28, 2019, suggesting a stolen F’s new credit card at the H convenience store located in Daegu-gu, Daegu-gu, as described in paragraph (1) of the said Article, and deceiving the Defendants of the above H convenience store employees in the name of the said H convenience store by using the same way as those with legitimate authority to use the said F’s new credit card.

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