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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2548
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

On January 19, 2007, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Busan District Court's Dong Branch, and was sentenced to three years of imprisonment for the same crime in the Busan District Court on August 28, 2009. On April 11, 2018, the Defendant was sentenced to six months of imprisonment for larceny in the Busan District Court's Dong Branch Branch, and completed the execution of the sentence on August 10, 2018.

1. On December 10, 2018, the Defendant: (a) entered the victim’s singing room located in Suwon-gu, Busan on December 10, 2018, and stolen property again during the period of repeated crime, even though the victim’s market value on the victim’s singing room located in Busan-gu and was sentenced to imprisonment not less than three times due to theft, etc., even though he/she was sentenced to imprisonment not less than 200,000 won at the victim’s own market value on the part of the victim’s sing room in the sing room in which the victim’s singing room was located; (b) one cellphone in the sing room in which the market value is at least 200,000 won; (c) one credit card in the victim’s name; and (d) two physical cards; and (e) three times or more in the display room in the main room in which the victim’s market value was owned by the victim.

B. On December 10, 2018, around 03:33, 2018, the Defendant: (a) purchased a beer with a beer 1 can and a beer amounting to KRW 8,000 from the C convenience store located in Suwon-gu, Busan; and (b) paid the price with a stolen B bank body check (direct payment) card; (c) settled the price with a stolen B bank check; and (d) acquired the stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. CCTV;

1. Each report on investigation;

1. Previous convictions in judgment: Application of criminal records and investigation reports (report on previous records of disposition, results of confirmation, court rulings, etc.);

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the illegal use of credit cards under Article 329 of the Criminal Act for criminal facts: Fraud under Article 70 (1) 3 of the Specialized Credit Financial Business Act

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