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(영문) 서울동부지방법원 2016.12.15 2016재고합23
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[2014Gohap68] The Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on December 1, 2005, and was sentenced to three years of imprisonment for the same crime at the Seoul High Court on October 5, 2007, and was sentenced to three years of imprisonment for the same crime at the Seoul Western District Court on November 1, 2010, and completed the execution of the sentence on July 17, 2013, and other identical criminal records were more than 12 times.

1. On September 16, 2013, at around 17:35, the Defendant habitually stolen: (a) confirmed that the victim D in Seocheon-gu, Seocheon-gu, Seocheon-si, was in a Bocheon-si, and confirmed that there was no room in the president’s room; and (b) carried 200,000 won in cash owned by the victim, who was under his/her care, went to the door.

In addition, from that to February 19, 2014, the Defendant brought 20,258,000 property owned by the victims over 45 times in total, as shown in the attached list 1 of crimes committed.

Accordingly, the defendant habitually stolen the victims' property.

2. On October 28, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased gold bullion from the precious metal store operated by the Victim F in Seongdong-gu Seoul, Seongdong-gu, Seoul; and (b) the Defendant presented the Defendant’s new G card that was stolen as stated in [Attachment Table 1 4] to the two victims, and settled KRW 765,000,000, when the Defendant presented it to the two victims.

As a result, the Defendant received gold-free wastes equivalent to the above amount from the victim, and used G credit cards unlawfully.

In addition, from that time to February 19, 2014, the Defendant purchased the goods throughout 19 times as shown in the attached Table 2, and paid the amount with a stolen credit card, and received property worth KRW 10,880,700 in total at the market price, and illegally used the credit card of the victims.

[2014 Highis188]

3. Attempted fraud and violation of the Specialized Credit Finance Business Act.

A. On October 18, 2013, the Defendant committed a crime on October 18, 2013 (hereinafter referred to as “the Defendant”) at the ancient time around 19:50 on October 18, 2013.

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