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(영문) 서울북부지방법원 2015.12.16 2015재고단54
특정범죄가중처벌등에관한법률위반(절도)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On March 29, 2010, the Defendant was sentenced to a fine of one million won for larceny at the Seoul Northern District Court (Seoul Northern District Court) and a fine of five hundred thousand won for larceny at the same court on June 17, 2011.

【Criminal Facts】

1. At around 01:00 as of the end of December 2012, the Defendant habitually stolen, at the Han new apartment parking lot located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) opened a door of the LAF car parked by the victim K and has a new card owned by the victim.

In addition, the Defendant, from around that time to January 26, 2013, had four cards, such as a total cash of 127,000 won and a new card, such as 11 times, and had three times money and valuables.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On January 24, 2013, the Defendant, at the “N” convenience store located in Dobong-gu Seoul Metropolitan Government M on January 24, 2013, expressed an attitude that the Defendant would have paid the amount to the O of the above convenience store manager, who is the victim, and paid the amount by presenting a new card in the name of P that stolen P, as seen above, purchasing “Saman’s tobacco” amounting to KRW 10,800 at the market price.

Accordingly, the Defendant, by deceiving the victim, received property, and used stolen credit cards.

B. On January 24, 2013, at the convenience store located in R of Dobong-gu Seoul Metropolitan Government, the Defendant appears to have expressed an attitude that the victim would pay TW at the convenience store manager of the above convenience store. On January 24, 2013, the Defendant: (a) purchased one set of “freshed lavered lavered laver” in an aggregate of KRW 5,300 in the market price; (b) one set of “freshed lavered lavered lavered laver”, and one “new card” in the name of the stolen P, as above, presented and settled the payment.

In this respect, the defendant deceivings the victim to take property.

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