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(영문) 의정부지방법원 고양지원 2017.09.08 2017고단2184
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On August 23, 2007, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Sungnam branch court of the Seoul Northern District Court on April 28, 2010, and on October 12, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on the same date on October 28, 2012, and completed the execution of the sentence at the Seoul Northern District Court on August 28, 2016.

1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)

6. On October 21, 210:35, the Defendant: (a) had a cellular phone owned by the victim and a credit card in the foregoing telephone machine case, which was located in the above customer while purchasing half of the “E” store in the “E” store of the victim D’s location C; and (b) stolen it with the victim’s cellular phone and the credit card.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and larceny during the period of repeated crime is committed.

2. On June 10, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business purchased an interest amounting to KRW 40,000 from the “H” store in the “H” store of the victim G management located in F at the time of Pakistan, and distributed the stolen credit card to the victim as if the Defendant was the Defendant’s card, and paid the price by the said card, thereby deceiving the victim by obtaining a payment of KRW 40,000 from the damaged person’s market price, and using the stolen credit card as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A police statement of D or G;

1. CCTV on-site photographs and receipt for cards;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the repeated offense, confirmation of the date of release from the court and attachment of the judgment), investigation reports (the previous judgment and attachment of the judgment) and application of statutes;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 and Article 347(1) of the Criminal Act, and the Act on the Aggravated Punishment, etc. of Specific Crimes as to the option of punishment.

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