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(영문) 인천지방법원 2020.08.11 2020고단1635
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[criminal power] On April 24, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. in the Jeonju District Court’s branch court’s branch court’s Seoul District Court’s branch court’s branch court’s order on October 27, 2016, sentenced to six months of imprisonment with prison labor for larceny, etc. on April 13, 2018, sentenced to one year and two months of imprisonment with prison labor for larceny, etc., and completed the execution on May 29, 2019.

【Criminal Facts】

1. On January 11, 2020, the Defendant, in violation of the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft by taking away one copy of the Nonghyup Credit Card, which is owned by the victim, from the credit card wallets of the victim, who was located under the victim's knife in the victim's knife by taking advantage of the gap in the victim's knife B and the second floor in Nam-gu Incheon Metropolitan City B and the second floor.

2. Fraud;

A. The Defendant, around 00:06 on January 12, 2020, paid 71,740 won for goods to H, an employee of the victim E at the “G convenience store operated by the victim E” located in Nam-gu Incheon Metropolitan City, Nam-gu, and presented the credit card as indicated in paragraph (1) as one of his own credit cards.

However, in fact, the above credit card was stolen from D, and the defendant did not have the intention or ability to pay the card price because he has no legitimate right to use it.

The Defendant acquired property benefits equivalent to KRW 71,740 from the victim.

B. On January 12, 2020, the Defendant, at around 00:31, 202, issued a credit card indicated in Paragraph (1) as one’s own credit card when settling the amount of KRW 800,000,000 and KRW 1.4 million for two occasions to L who is a manager at the Nam-gu Incheon Metropolitan CityJ of the victim I.

However, in fact, the above credit card was stolen from D, and the defendant did not have the intention or ability to pay the card price because he has no legitimate right to use it.

The defendant acquired property profits equivalent to 1.4 million won from the victim.

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