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(영문) 대구지방법원 포항지원 2016.06.16 2015고단1385
상습야간주거침입절도등
Text

A defendant shall be punished by imprisonment for three years.

The Defendant shall compensate the applicant for the thief amounting to 8,050,000 won.

Reasons

Punishment of the crime

[Criminal record] On February 6, 2014, the Defendant was sentenced to two months of imprisonment with prison labor for larceny at the Seoul Eastern District Court on July 20, 2014, and completed the execution of the sentence on July 20, 2014, more than twice the same type of larceny criminal record.

[2015 Highest 1385]

1. From June 9, 2015 to November 27, 2015, the Defendant habitually intruded into the victim E-owned studio at around 03:40 on October 2, 2015, the Defendant stolen the victims’ property worth KRW 29,375,800, total market price from around 201 to around 27, 2015, including the theft with a personal identification number of KRW 1,90,000,000, which was previously known in the victim E-owned studio in Daejeon-gu Daejeon Special Metropolitan City.

Accordingly, the defendant habitually stolens the victims' property or intrudes the victims' residence at night.

2. On June 12, 2015, at around 13:50 on June 12, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) paid food costs at H restaurant operated by the victim G in Seongbuk-gu, Seongbuk-gu, Sungnam-gu; (b) paid the stolen credit card, such as No. 1 in the attached Table 1, as if it were the genuine self-paid card; and (c) paid 33,000 won to settle the same amount and use the stolen credit card; and (d) took advantage of the stolen credit card for 30 times from that time until June 26, 2015, by taking over 4,163,850 won in total, as in the attached Table 2, and used the stolen credit card.

[2016 Highest 145] On December 6, 2014, the Defendant told the victim at the victim J's residence located in the Singue I to the effect that “The Defendant changed the amount of KRW 1 million from the K K Gaye's main store operated by the party to work as an employee.”

However, there was no intention or ability to work as an employee at the main point even if the injured party receives the advance payment from the injured party.

On December 8, 2014, the Defendant remitted one million won to the Daegu Bank account in the name of LA on December 8, 2014.

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