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(영문) 수원지방법원 2020.04.08 2019고단7409
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

On August 28, 2015, the Defendant was sentenced to four years of imprisonment with prison labor for larceny, etc. in the Suwon District Court Anyang Branch on August 28, 2015, and completed the execution of the sentence in the Ansan Prison on March 15, 2019.

around 10:43 on October 25, 2019, the Defendant: (a) opened a bend door of a living room with no correction of the residence of the victim C located in the wife population B; (b) opened a bend door of a living room with cash of KRW 700,000 owned by the victim located in the bend door of the front door; (c) and (d) cut off a bend door of the market price of KRW 700,000,000, which was placed in the bend door of the front door.

In using and managing the means of access, no one shall lend the means of access while requesting or promising to receive compensation unless otherwise specifically provided for in any other Act.

Nevertheless, on October 2019, the Defendant received a proposal from a person who assumes a false name named “D office chief”, a staff member of a liquor company, to “be paid KRW 3 million in return for the loan of the three-day account.” On October 4, 2019, at around 13:00, the Defendant sent one physical card connected to the Agricultural Cooperative (E) account in the name of the Defendant in the storage of the astronomical basin goods located in 239, Yan-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yancheon-gu, Seoul. In order to store the astronomical basin goods in the name of the Defendant, the Defendant sent the secret number and the secret number of the Kakao to the above person who was named in the name of the Defendant.

As above, the Defendant promised to receive compensation and lent a physical card, which is a means of access under the Electronic Financial Transactions Act.

Summary of Evidence

"2019 Highest 7409"

1. Defendant's legal statement;

1. A statement of the F;

1. A report on investigation (CCTV analysis) and a photograph to capture CCTV;

1. CCTV photographs (in the inside of the victim's house) 2020 Godan1436;

1. Defendant's legal statement;

1. The police statement concerning G;

1. The details of transfer certificates and the details of financial transactions;

1. Criminal history records, references (A) and criminal investigation reports, suspects, repeated crimes;

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