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(영문) 수원지방법원 안산지원 2019.05.15 2019고단351
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence of No. 161 of the pressure of the Suwon District Prosecutors' Office, 2019, which was seized, shall be 8.

Reasons

Punishment of the crime

[criminal power] On September 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Suwon District Court, and on October 17, 2014, the Seoul Southern District Court was sentenced to a fine of two hundred thousand won by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On May 27, 2016, the Defendant was sentenced to six months by imprisonment with prison labor for larceny from the Suwon District Court’s Ansan Branch’s Ansan Branch on May 27, 2016. On August 24, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at Ansan District Court’s Ansan Branch Branch on June 19, 2018.

【Criminal Facts】

"2019 Highest 351"

1. On October 2018, the Defendant: (a) Da C C C C C C C C C C C C C C C C C, which was located on the table of the victim D C C C B, and stolen the Victim D’s 60,000 won in cash, one resident registration certificate, and all kinds of credit cards, and the market price of 4,000 won in the market.

2. On January 15, 2019, around 10:50, the Defendant: (a) opened a door door of a GIIr vehicle driving seat in which the vehicle door was parked in an unlocked state; and (b) cut off one cell phone of Samsung Poer’s cash, the ownership of each victim H, and one mobile phone of the market value of KRW 3,000,000,000,000,000,000,000 won.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he again committed larceny during the period of repeated crime.

"2019 Highest 773"

1. On July 7, 2018, the Defendant: (a) discovered a bag containing a cashier’s check of KRW 1,000,000, K company’s KRW 100,000, and the Defendant did not take necessary procedures, such as returning it to the victim, and then, (b) did not return it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant’s fraud, as in paragraph (1), shall be K company 100.

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