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(영문) 서울남부지방법원 2020.06.10 2020고단1901
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 March 15, 2017, the Defendant was sentenced to a suspended sentence of four months for larceny at the Seoul Southern District Court on March 15, 201; on September 1, 2017, the same court was sentenced to imprisonment for eight months for larceny, etc. and the judgment becomes final and conclusive on October 16 of the same year; the previous suspended sentence becomes void; on September 12, 2018, the same court was sentenced to ten months for larceny, etc.; and on May 14, 2019, the Defendant was sentenced to imprisonment for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence at the original prison on March 28, 202.

【Criminal Facts】

1. On April 9, 2020, the Defendant, at around 11:10 on April 9, 202, committed a theft of KRW 59 in the “CPC bank” located on the first floor of the underground floor of Gangseo-gu Seoul Metropolitan Government building B, which resulted in a theft of KRW 1,000 in cash between the victim D, KRW 4, 4, 4, Vietnam, 1, 1, 1, 1, and 1, etc. of the reading room card of the victim containing one, and KRW 70,00 in the market value.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has stolen another's property during the period of repeated crime.

2. Fraud and violation of the Specialized Credit Finance Business Act;

가. 피고인은 2020. 4.9. 11:40경 서울 강서구 E, 1층에 있는 피해자 성명불상자 운영의 ‘F편의점’에서, 제1항 기재와 같이 절취한 위 D의 카카오뱅크 체크카드를 마치 자신의 것처럼 위 점포 직원인 G에게 제시하고 매콤닭강정 1개, 따닥불고기도시락 1개, 아침햇살 음료수 1병, 5핀 충전기 1개, 말보로 미디엄 담배 1갑을 구입하면서 그 대금 합계 23,800원을 위 체크카드로 결제하였다.

B. On April 9, 2020, the Defendant continued to operate the victim’s name in Gangseo-gu Seoul Metropolitan Government H with “IE” on April 9, 2020, as described in paragraph (1), and as if he had completed the said D’s Kakao Bank’s Czem Card.

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