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(영문) 대구지방법원 2018.10.10 2018고합256
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Three keys (Evidence 1), five keys (Evidence 2), five keys (Evidence 2), five keys (Evidence 2).

Reasons

Punishment of the crime

On November 13, 2002, the Defendant was sentenced to imprisonment with prison labor for the same crime in the Changwon District Court's Jinju branch on August 17, 2004; three years from imprisonment with prison labor for the same crime in the Busan District Court's Jinju branch on December 7, 2007; on November 30, 2012, the Defendant was sentenced to four years and six months from imprisonment with prison labor for the same crime in the Busan District Court's East Branch branch on April 15, 2017.

Criminal facts

[2018 Gohap 256, 347]

1. On March 28, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in violation of the said Act (i.e., theft) opened clothes with a previously reproduced key while the victim F puts himself/herself in his/her clothes, etc. and takes them out, within the male escape room of “E”, a bath located in Kimhae-si, Kimhae-si, in which he/she takes them out, one copy of the driver’s license in the name of the victim, one credit card registered in the victim’s wife G.

In addition, from that time until June 10, 2018, the victims owned the total market value of KRW 5090,000,000 from that time by the same several methods, such as the 1st list of offenses, from that time, from that time to that time, theft was stolen.

As a result, the defendant has been sentenced twice or more to larceny and has committed larceny again within three years after the execution of punishment was terminated or exempted.

2. On March 28, 2018, the Defendant attempted to commit fraud and fraud: (a) purchased one gold boom from the victim J at “I” located in Changwon-si, Changwon-si, Changwon-si; (b) enticed the victim by presenting and paying the credit card under the name of G, which was stolen, such as paragraph (1), as if the Defendant was the Defendant’s card; and (c) received one 18 K gold blicking amounting to KRW 225,000 at the market price from the victim; and (d) from that time until June 10, 2018, paragraph (6) of the attached Table 2 of the daily list of crimes in the attached Table 2 of the daily list of crimes committed from the victim to June 10, 2018 at the same time.

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