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(영문) 창원지방법원 2019.07.10 2019고단644
특정범죄가중처벌등에관한법률위반(절도)등
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No. 2-B of the Decision of the 2019 Highest 644 Cases, 2019 Highest 1012 cases.

A crime and a third crime.

Reasons

Punishment of the crime

[criminal power] On June 28, 2007, the Defendant was sentenced to one year and six months of imprisonment for special larceny at the Changwon District Court, and on February 9, 2012, the same court sentenced three years of imprisonment for special larceny, etc. and completed the execution of the sentence on September 22, 2016.

In addition, on March 23, 2016, the Defendant was sentenced to a suspended sentence of 8 months in imprisonment with prison labor for larceny, etc. and 6 months in imprisonment with prison labor for larceny, etc., and on April 12, 2017, the same court was sentenced to 10 months in imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on February 9, 2018, and the suspended sentence was terminated on October 5 of the same year.

【Criminal Facts】

"2019 Highest 644"

1. On October 2018, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft by taking out KRW 30,000 in cash from the wall that is owned by the victim and thefted at the home of the victim H located in G in Kimhae-si, Kim Jong-si, while the victim, who was exempted from water, was drinking, from the wall that is owned by the victim.

From that time to March 1, 2019, the Defendant stolen goods worth KRW 200,000, total market value of the victim’s ownership by the same method seven times in total, as shown in attached Table 1, from that time to that time.

2. Violation of the Specialized Credit Financial Business Act and fraud Defendant and I (Suspension of Prosecution on the same day) conspired the Defendant to purchase goods using a stolen bank body card of H, such as written in the crime sight table 1. A.

On March 1, 2019, around 18:53, 2019, the Defendant and I paid the purchase price of the victim J's "L" operated by the victim J in Kimhae-si, Kim Jong-si, as stated in the crime sight table 1, with the 784,00 won check of the new bank of stolen H, as stated in the crime inundation list 1, and the Defendant used the above physical card as if the Defendant had a legitimate right to use the above physical card.

Accordingly, the defendant and I conspired to commit theft.

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