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(영문) 서울서부지방법원 2014.09.16 2014고단658
특정범죄가중처벌등에관한법률위반(절도)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 658] On July 4, 2011, the Defendant intruded into the victim E’s house through the entrance that was not corrected in the victim E’s residence in Yongsan-gu Seoul, Yongsan-gu, Seoul, with one set of Nowon-gu computers with a market price of at least 1 million won, and stolen it from that time until March 12, 2014, and attempted to habitually cut or steals things worth KRW 1250,000,000 in total over 111 times, as stated in the list of crimes, from that time until March 12, 2014.

[2014 Highest 1450] On May 24, 2013, the Defendant agreed on 39% interest rate per annum, overdue interest rate of 39%, 60 months of the lending period, and the due date of May 24, 2018 when the Defendant borrowed 2 million won at the office of the victim's rinker credit service company located in the third floor of the same building, Seocho-gu Seoul Metropolitan Government 1564-11.

However, even if the loan was made above, there was no intention or ability to pay the interest or principal normally.

The Defendant, by deceiving the victim as such, received KRW 2 million from the victim on the same day.

Summary of Evidence

[2014 Highest 658]

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of each police suspect against the defendant or F;

1. Protocol of the police statement concerning G;

1. Each statement of H, I, J, E, K, C, L, M, N, andO;

1. Each protocol of seizure and the list of seizure;

1. Habituality of judgment: Recognition of dampness [2014 Highest 1450] in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime was repeated several times within a short time;

1. Partial statement of the defendant;

1. Legal statement of witness P;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement on P;

1. Each report on investigation;

1. Application of remittance certificates, loan transaction contracts, and Acts and subordinate statutes concerning the details of transactions of deposit and withdrawal;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act and Article 347(1) of the Criminal Act shall be punished by imprisonment with prison labor;

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