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(영문) 서울서부지방법원 2017.11.15 2017고단2541
상습야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

(1) On May 27, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Western District Court on May 27, 2014; six months from the date of imprisonment with prison labor for night structure intrusion larceny at the Seoul Western District Court on December 3, 2014; two years from the Seoul Western District Court on August 12, 2015; and completed the execution of the final sentence at the Seoul Southern District Court on March 30, 2017.

[Criminal Facts]

1. On August 12, 2017, around 01:18, the Defendant: (a) was in front of the “E” restaurant operated by the victim D located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) opened a window with the steel stairs not corrected; and (c) intruded into that window, and stolen the cash amounting to 60,000 won in the face of the calculated place.

From that time until August 26, 2017, the Defendant habitually stolen money and valuables equivalent to KRW 114,000 in total of the market price by the same method six times, such as the list of crimes (1) in attached Form 1.

2. On August 22, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) purchased goods from “G convenience store” operated by the victim’s name in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) presented and settled the bank body card of H, as indicated in attached Table No. 1, 3, as if the Defendant had been duly entitled to use the card; and (c) received goods worth KRW 7,000 at the market price from the damaged person.

From that time until August 23, 2017, the Defendant unlawfully used a stolen check, such as the list of crimes (2) in attached Form No. 2, and by deceiving the victims, received goods or acquired pecuniary benefits in an amount of KRW 270,360,000 in total at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made against H, D, I, J, K, and L;

1. A detailed statement of transactions with the Postal Card in Korea;

1. A previous conviction in judgment: an inquiry about criminal history;

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