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(영문) 수원지방법원 2016.03.15 2016고단531
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

① On February 8, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Gywon method, and was sentenced to eight months of imprisonment with prison labor for an attempted special larceny in the support for the development of Nywon method, and three months of imprisonment with prison labor for an attempted larceny in the support for the development of Nywon method, and three months of Jan. 16, 2014; and (4) on February 6, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. from the Suwon Gywon method sources to the effect that he/she completed the execution of the sentence on January 4, 2016.

1. On January 30, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) 07:00 on the Aggravated Punishment, etc. of Specific Crimes (thief) sets up the key of the victim’s escape room and the key of the card that contains two heads of credit cards owned by the victim and the key of the vehicle at the escape room of the “D” 8th floor located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, where the victim E is locked.

They go back.

Accordingly, even though the defendant was sentenced to imprisonment more than three times with prison labor for larceny or attempted crime, he stolen the victim's property during the repeated crime period.

2. On January 30, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) settled the payment for the use of Maba in the “H sports marina site” operated by the victim G in Sinpo City F on January 30, 2016; (b) presented the stolen E credit card as indicated in paragraph (1) to the victim as if he were his own, and signed on the sales pre-sale slip; (c) the Defendant was affiliated with the victim; (d) exempted the victim from paying KRW 110,000 from the victim’s use of Maba; and (d) used the stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. The prior table of card details;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (prior convictions and confirmations of repeated crimes)-related statutes;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act (a repeated crime) concerning criminal facts, as well as Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes,

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