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(영문) 부산지방법원 2015.07.23 2015재고단60
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

[Criminal Power] On June 20, 2013, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Daegu Prison on April 3, 2014, and was 11 times.

【Criminal Facts】

1. At around 07:00 on July 7, 2014, the Defendant habitually stolen at around 07:0, the gap in which the victim C was divingd at No. 1204 train No. 3rd 22, the Busan Musan (Seoul Musan), and the victim sawd with a smart ki, which is equivalent to KRW 200,00,000, market price of which includes a bank, three credit cards, two physical cards, 10,000, cash 100, and driver’s license, etc. on the market price of the victim’s possession.

Accordingly, the defendant habitually stolen another's property.

2. Around 07:04 on the same day, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) obtained goods equivalent to KRW 6,800 of the market price, such as tobacco and drinking water, from the victim E’s convenience store in operation, and (b) obtained approval from the victim by using a new credit card under the above C’s name, as he was the legitimate licensee, and used the stolen credit card.

3. The Defendant attempted to commit fraud: (a) around 08:00 on the same day, at H convenience stores located in G in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) sought to approve the payment with a new credit card in the name of the above C, which was stolen, as he was the legitimate licensee; (c) but (d) was rejected and attempted by a theft report of C.

Summary of Evidence

1. Each police statement of C and E;

1. Seizure records and each investigation report (the Nos. 4 and 6 of the evidence lists);

1. Criminal records, investigation reports (a copy of the judgment attached thereto), and investigation reports (the confirmation report on the date of release);

1. Habituality of the ruling: the same kind;

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