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(영문) 창원지방법원 통영지원 2016.11.04 2016고단1135
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[criminal power] On November 28, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Changwon District Court’s Tongwon District Court’s branch branch, and on December 20, 2013, the same court was sentenced to ten months of imprisonment with prison labor for the same crime, etc. on December 20, 2013, and the same court was sentenced to ten months of imprisonment with prison labor for the same crime, etc. on November 18, 2014, and the execution of the sentence was terminated on June 17, 2015, and on June 9, 2016, the judgment became final and conclusive on August 26, 2016.

【Criminal Facts】

1. On March 21, 2016, the Defendant: (a) around 00:10 on March 21, 2016, in a “PC room” toilet located in Daegu City, Seo-gu, Daegu City; (b) obtained one cell phone in a gallon with the victim’s market value equivalent to KRW 900,000,00; and (c) did not take necessary procedures, such as returning it to the victim; and (d) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On March 23, 2016, around 08:00, the Defendant: (a) cut off a 270 thousand won of the market price where the victim F, who used a computer in the “PC bank” located in Nam-gu, Daegu-gu, Daegu-si, used a cresh in a cresh in which the victim F, who used the computer, was on a computer, used in the said computer; (b) the victim’s cash amounting to 6,000 won; (c) credit card 1; and (d) physical card 3.

3. Fraud;

A. On March 23, 2016, at around 09:40 on March 23, 2016, the Defendant acquired a pecuniary benefit equivalent to the same amount by deceiving the victim as if he/she had no intention or ability to pay the price from the beginning in the “PC bank” operated by the Victim G in Nam-gu, Daegu-gu, Daegu-gu, as if he/she would normally pay the price, and would normally pay the price by being provided with a computer from the victim.

B. On March 24, 2016, the Defendant, at around 01:50 on March 24, 2016, did not have an intention or ability to pay the price from the beginning, from “△△△PC” operated by the victim I located in the Seogu-gu, Daegu-gu, Daegu-si.

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