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(영문) 서울서부지방법원 2013.05.24 2013고단727
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 and No. 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

On March 10, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on 20 years and was sentenced to 4 times the previous case.

1. On January 21, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed money and valuables worth KRW 4,994,000 in total over 10 times as indicated in the annexed crime list, such as: (a) opening the door key to the Raber’s entrance possessed by the Eunpyeong-gu Seoul Metropolitan Government “E” restaurant; and (b) taking into account the door door, bringing about 60,00 won in cash owned by the victim and one credit card (F) in the Kabter POS depository; and (c) taking 10 times in cash as indicated in the annexed crime list.

Accordingly, the defendant habitually stolen the victims' property.

2. The Defendant in violation of the Fraud and the Specialized Credit Finance Business Act, as set forth in attached Form No. 2, intended to purchase gold bars using the credit card (F) of our bank owned by the Defendant.

On January 21, 2013, at around 11:20, the Defendant, at the “I” bank operated by the Eunpyeong-gu Seoul Metropolitan Government G Victim H, had shown the same attitude that he was a legitimate holder of the credit card in his own stolen name as above, and had purchased two gold-halfs of the total market price of KRW 273,000, by deceiving the victim H, and paid the price by presenting the credit card to the above bank, and used the stolen credit card.

B. At around 11:37 on the same day, the Defendant had shown the same attitude in the “L” bank operated by the Eunpyeong-gu Seoul J Victim K, Eunpyeong-gu Seoul, that he was the legitimate holder of the said credit card in his name that he stolen as above, and had purchased one half of the amount equivalent to KRW 295,000 at the market price by deceiving the victim K, and paid the price by presenting the said credit card to the said bank, and used the stolen credit card.

C. At around 11:43 of the same day, the Defendant himself/herself completed the “O” bank operated by Eunpyeong-gu Seoul Metropolitan Government M Victim N.

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