logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.27 2016재고합17
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the charge of habitual larceny is acquitted.

Reasons

Punishment of the crime

[criminal records] On September 21, 2007, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on December 13, 2007, and the judgment became final and conclusive on August 18, 2016, and was sentenced to two years of imprisonment for habitual larceny, etc. on August 18, 2016, and the judgment became final and conclusive on December 30, 2016.

[2] On June 27, 200, around 03:00 on June 27, 2001, the Defendant: (a) asked the password of light bank f.m. card owned by E under the pretext of making a credit inquiry to E, which was administered along with D's 611 entrance located in Busan Metropolitan City Shipping Daegu C; (b) obtained the above credit card owned by E using crebs among toilets, and stolen it; and (c) then collected the light bank f.m. card in a cash payment machine installed at the F. G convenience store located in Suwon-gu Busan Metropolitan City on the same day, and then withdrawn the light bank 60,000 won by receiving the cash service.

Accordingly, the Defendant used stolen credit cards.

Summary of Evidence

1. Partial statement of the defendant;

1. Each judgment (the Busan District Court 2001 High Court 457, 2001 High Court 13, the Busan High Court 2001 High Court 703, 2001 High Court 46

1. Previous convictions in the holding: Application of statutes to the search of the Comnet case (2007 highest 308 highest 308, Busan District Court 2016 inventory group 25), each of the court rulings (2007 highest 308, Busan District Court 2007 highest 308, 1742 early 2007, Busan High Court 2007 old 695, 77 early 2007, Busan High Court 2016 inventory group 25, Busan District Court 2016 Busan District Court 380);

1. Article 70(1)3 of the relevant Act and the former Specialized Credit Business Act (amended by Act No. 9459 of Feb. 6, 2009) concerning criminal facts; the selection of imprisonment and punishment

1. The latter part of Article 37 of the Criminal Procedure Act provides that E does not want the Defendant’s punishment by mutual agreement with E, the owner of a credit card stolen for the reason of sentencing Article 39(1).

However, the crime of this case is deemed to have received cash services using another person's credit card that the defendant stolen, and is not likely to commit the crime in light of the method of crime.

several times, including imprisonment.

arrow