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(영문) 서울남부지방법원 2017.08.24 2017고단2365
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Jung-gu Seoul District Court Goyang Branch on January 13, 2005; on March 24, 2010, the Seoul Southern District Court was sentenced to six months of imprisonment with prison labor for larceny; on June 15, 2011, the Seoul Southern District Court was sentenced to ten months of imprisonment with prison labor for larceny; on November 5, 2013, the Seoul Western District Court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on September 10, 2015; and on May 5, 2016, the execution of the sentence was completed in the Ansan Prison on May 5, 2016.

[Criminal facts]

1. On March 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed theft with the above card (credit number: E) owned by the victim by putting a new card on the floor of the victim D, who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On March 5, 2017, around 13:20, the Defendant presented the said new card to an employee who is not aware of the name of the said new card at the “H” convenience store operated by the victim G in Dongjak-gu Seoul Metropolitan Government F as if he/she were the lawful holder of the new card, such as paragraph (1) and received a delivery from the said employee of 6,50 won in total of the market price owned by the victim.

Accordingly, the Defendant, as seen above, got a stolen credit card and used the stolen credit card by deceiving the above employees.

B. On March 5, 2017, around 13:40 on March 5, 2017, the Defendant presented the said new card to the victim as if he/she was the legitimate holder of the new card that was stolen, as stated in paragraph 1, operated by the victim J in Dongjak-gu Seoul Metropolitan Government, and received one gold b,550,000 won as the market price owned by the victim from the victim.

In this respect, the Defendant above.

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