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(영문) 인천지방법원 2015.08.20 2015고단4050
절도
Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 5, 2009, the Defendant was sentenced to four years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the support of the Incheon District Court, and completed the execution of the sentence in a female prison on February 27, 2013.

【Criminal Facts】

The Defendant: (a) the victim E, a mobile phone dealer, opened 20 cell phoness in the name of the mobile phone with the intention of acquiring the opening fee for the mobile phone operator; (b) was found in the pawnb Center twice a month in order to create the minimum usage record; and (c) was aware of the fact that he returned to the telephone with each mobile phone; and (d) was able to steal the mobile phone by accompanying the cell phone on the job.

From February 14:29 to 18:00 on February 7, 2015, the Defendant: (a) from Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu G and 703, the Defendant temporarily returned the said 20 mobile phone and exchanged the said 1 mobile phone in advance between the said victim’s mobile phone; (b) instead, from among the mobile phone, one of the galtho-gu mobile phone (N-910, nominal owner H, H, and I) in an amount equivalent to KRW 957,00,00, one of the market prices of the galtho-gu mobile phone (N-910, nominal owner, H, and I) was placed in another Handphone; and (c) took off three core chips (title JK, nominal owner M, nominal owner NO) in an aggregate amount of KRW 26,400,00.

Accordingly, the Defendant stolen three cell phone chips and one core chips owned by the victim, which amount to a total of 983,400 won of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and H;

1. CCTV photographs;

1. A criminal investigation report (H statement hearing report) and a criminal investigation report (victim E statement hearing report);

1. Previous convictions in judgment: References to criminal records, investigation reports (reports on the same records as suspects), and application of Acts and subordinate statutes to criminal investigations reports;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated offenders has the same record of sentencing, and is a crime during the period of repeated crimes.

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