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(영문) 대구지방법원 2020.07.21 2020고단1929
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Seoggu District Court’s Branch on March 19, 2009 and three years for the same crime in the same court on July 14, 201. On January 29, 2015, the Defendant was sentenced to imprisonment with prison labor for three years and six months in the same court on May 5, 2018 and served for the same kind of power, such as termination of the execution of the sentence in the port prison on May 5, 2018.

【Criminal Facts】

The defendant, while running a business in partnership with the victim B and the Dispute Resolution Co., Ltd., using the secret number of the physical card connected to the D Association account in the victim's name, was known from the victim to the victim's account, in order to transfer it from the victim's account to the defendant's account or to withdraw the cash.

1. Around 20:00 on January 15, 2019, the Defendant: (a) taken off the above etel card connected to the victim D Association account from the wall’s location in the Nam-gu Incheon Metropolitan City EtelF, in which the Defendant and B jointly resided; (b) took off the said etel card from the wall’s location; and (c) took the said eleg card in a cash withdrawal machine located at the convenience store adjacent to the said officetel, and transferred the password known in advance to the Defendant’s G Association account.

Accordingly, the defendant acquired economic benefits by inputting information without authority into the data processing device such as computer, etc.

2. Violation of the Aggravated Punishment Act;

A. At around 23:00 on January 22, 2019, the Defendant: (a) stolen the etel referred to in the foregoing paragraph (1) from the victim’s wall to the D Association account owned by the victim B; and (b) stolen the etel’s etel connected to the D Association account owned by the victim B.

B. The Defendant, on January 22, 2019, stolen the cash withdrawal, was stolen from paragraph (1) of Article 2 of the Victim J Cash Automatic Operator’s Management at the “I convenience store” located in the Nam-gu Incheon Metropolitan City, Nam-gu H.

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