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(영문) 서울중앙지방법원 2018.04.19 2018고단1061
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On November 10, 2005, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on March 16, 2010; imprisonment with prison labor at the Seoul Western District Court on November 22, 2012; imprisonment with prison labor for special larceny; imprisonment with prison labor for six months at the Seoul Central District Court on February 7, 2014; and the execution of the said final punishment was completed at the Ansan Prison on December 28, 2014.

[Criminal facts, C, one name V, and one name-free site theft liability were collected against the person who took the possession of money and valuables (i.e., referring to 'defluence’), and where credit cards, etc. exist among stolen goods, they came to take part in a part of the withdrawal of cash.

Therefore, the unexplosive site theft measure plays a role of stealings against prisoners at the site; one name V, a credit card, identification card, mobile phone, and a mobile phone, among stolen goods, play a role of cutting off to the defendant and C; the defendant and C know of the above credit card password, etc. in an influence manner; and the defendant and the defendant wanted to withdraw cash from the automatic machinener using the above credit card and password.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. At around 01:30 on July 26, 2017, the victim W’s name-free site theft liability: (a) cut off 6S mobile phone 1 unit owned by the victim W and Samsung Card (Z) in the victim’s name in front of the Y station located in X in Jung-gu Seoul, Jung-gu, Seoul; (b) around that time, he laid down the victim’s cell phone 6S mobile phone and 1 copy of the victim’s Samsung Card in the name of the victim; and (c) V called the Defendant and C with phone call to the Defendant and C, and (d) laid down the said cell phone and credit card to the Defendant and C.

The defendant and C have changed the identification number of the credit card in an irregular way, and move to the new Samsung Apartment, which is located on 23-gil 1-gil to the request of Jung-gu Seoul, Jung-gu, and C shall report the network, and the defendant shall be a new bank located therein.

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