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(영문) 부산지방법원 2016.09.09 2016고합521
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized evidence No. 11 and 13 shall be confiscated.

Reasons

Criminal facts

[criminal history] On April 3, 1991, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court's Dong Branch, for two years, three years on April 14, 1995, three years of imprisonment with prison labor for the same crime in the Busan District Court's same court on August 31, 2006, two years of imprisonment with prison labor for the same crime in the same court on April 28, 2009, two years of imprisonment with prison labor for the same crime in the same court on October 28, 2011, and the decision became final and conclusive on January 20, 2012, and the execution of the sentence was terminated on March 10, 2015.

[Criminal facts]

1. On May 11, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed in violation of the said Act (thief) around 03:00 on May 11, 2015, the Defendant went into the residence of the victim D located in Busan Young-gu, Busan, and went into the second floor through an open gate, and intrudes into the bedrooms by a small door installed on the part of the main part of the victim, and 3:40,000 won in cash, which was entered in the victim’s hand room, and committed a theft from that time to July 12, 2016, the Defendant did not commit a theft or a theft of money and valuables worth KRW 5,471,000 in total from that time until July 0, 2016.

As a result, the defendant was sentenced to punishment twice or more habitually due to larceny, and again infringed upon another person's residence at night within three years after the execution of the sentence was terminated or exempted, and thus, he attempted to steals or to steals property.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On August 20, 2015, at around 02:37, the Defendant purchased tobacco equivalent to KRW 90,000 from the convenience store operated by the victim F in Busan Young-gu, Busan, the Defendant presented the victim as if he had a legitimate right to use the Plaintiff’s Busan bank’s credit card completion under the name of G, which was stolen, as stated in paragraph 5 of the attached List of Crimes, and signed and sealed it.

This is the defendant.

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