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(영문) 대구지방법원 2020.05.12 2020고단322
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 20, 2013, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daegu District Court on July 23, 2015, and sentenced one year and four months to imprisonment for habitual larceny, etc. at the Busan District Court on July 23, 2015, and sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on September 30, 2016, and completed the execution of the sentence at the Daegu District Court on April 6, 2018.

【Criminal Facts】

1. On November 12, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) brought about a gap of the victim B’s attention in the 24 major districts of Daegu Northern-ro 30-ro 30-gil-ro 24, 14:10,000 won in cash and a 100,000 won in the market value of the victim’s possession, which is located on a passenger ticket ticket box, and a 500,000 won in the market value where the credit card is located.

Accordingly, the Defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and stolen property during the repeated crime period.

2. On November 12, 2019, around 15:56, the Defendant: (a) presented a stolen credit card to the victim as if there was a legitimate right to use at the text point of the victim D’s operation located in Busan Metropolitan City (hereinafter “C”), and had the victim pay the amount of goods equivalent to KRW 50,000 in total the market value; and (b) from that time until November 13, 2019, the Defendant had the victims pay the amount of goods equivalent to KRW 438,720 in total, as indicated in the attached list of crimes, until November 13, 2019.

Accordingly, the defendant, by deceiving victims, received property, and used stolen credit cards.

Summary of Evidence

1. Some police interrogation protocol against the defendant (the first time) 1.

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