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(영문) 창원지방법원 통영지원 2013.07.22 2013고단421
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On November 27, 2001, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Changwon District Court on November 19, 2009, and was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Changwon District Court on November 19, 2009; on May 12, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Changwon District Court on May 12, 201; on October 7, 2011, the Changwon District Court sentenced eight months of imprisonment with prison labor for larceny, etc. at the Changwon District Court on January 25, 2012.

1. On June 2, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around 09:30 on June 2, 2013, the Defendant opened a soup room for male suppression of the fourth floor located in Yong-si, Yong-si, Gyeongnam-si, and opened an unsuplicing fry box, one credit card of the new bank owned by the victim E and 20,000

Accordingly, the defendant habitually stolen the victims' property.

2. On June 2, 2013, around 10:23, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased precious metals equivalent to 19.5 billion won in the market price from the victim; (b) purchased precious metals equivalent to 1.8 KK 1,570,000 won in total; and (c) submitted the stolen credit card to the Defendant as if he were the Defendant, and sign arbitrarily on the sales slip.

Accordingly, the defendant acquired property by deceiving the victim and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. E statements;

1. Sales slips, investigation reports (Attachment of photographs), photographs of the gold sheets of damaged articles, investigation reports (Attachment of photographs of crimes with I precious metal specialty), investigation reports (Attachment of photographs of the suspect's place of committing crimes), investigation reports (verification of the victim's amount of cash damage);

1. Records of seizure and the list of seizure;

1. Before ruling: A inquiry report, such as criminal records, an investigation report, and an investigation report (verification of the date of release of a suspect);

1. Habituality in the holding: Each judgment.

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