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(영문) 창원지방법원 마산지원 2019.11.22 2019고단814
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】

1. On February 12, 2010, the Defendant was sentenced to three years by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Changwon District Court, and was sentenced to three years by the same court.

2. On July 21, 2016, the Defendant was sentenced to three years by the Changwon District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Busan Correctional Institution on June 7, 2019.

【Criminal Facts】

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) was sentenced to punishment twice or more due to habitual larceny, and subsequently stolen property worth KRW 3,740,690 on nine occasions in total, including one global product right of KRW 700,00, and one credit card card card of one bank, etc. from that time to August 28, 2019, on the ground of the park bed on July 4, 2019, under which the Defendant was sentenced to punishment for habitual larceny, within three years after the execution of the sentence was completed. From July 4, 2019, the Defendant stolen property equivalent to KRW 3,740,690, total market price of nine times in total, as indicated in the list of crimes in the attached Table.

2. At around August 28, 2019, the Defendant: (a) expressed that, “Emart,” the victim D (hereinafter “Emart”) working in Changwon-si C, Changwon-si, Masan-si, reported a theft-related 112 report and received questioning from the police officer dispatched about the circumstances of the incident, the Defendant threatened the victim who was going back to the police officer and was asked about the circumstances of the incident.” As such, the Defendant threatened the victim, who was going back to the police officer, with the victim’s life or body.

3. Fraud or violation of the Specialized Credit Finance Business Act;

A. On July 5, 2019, at around 00:03, the Defendant presented one bank’s credit card, which was stolen, as in the “Homan Point” in the “Homan Point” of the Victim G management in Changwon-si, Muwon-si, as in the foregoing paragraph (1), to the victim as if he were one of its own.

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