logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.09.17 2019고단4521
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On May 16, 2003, the Defendant was sentenced to 10 years of imprisonment with prison labor for larceny, etc. at the Daejeon High Court on April 29, 2014, sentenced to 1 year and six months of imprisonment with prison labor for larceny, etc. at the Hongsung Branch of the Daejeon District Court on April 29, 2014, and on August 16, 2016, the Defendant was sentenced to 2 years and six months of imprisonment with prison labor for larceny, etc. at the Hongsung Branch of the Daejeon District Court on August 9, 2018.

【Criminal Facts】

Around March 2019, the Defendant first sent the victim B (n, 36 years of age) who worked at a multilateral bank located in Chungcheongnam-si, Chungcheongnam-si as an employee.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) states the thief as “B” but the thief is the manager of cash withdrawal.

In this case, even if the victim is changed, it does not give substantial disadvantage to the defendant's exercise of his/her right to defense.

The Defendant had previously been aware of the password, following the Defendant’s use of C C physical card at the cash withdrawal machine.

On May 28, 2019, the Defendant: (a) around 07:43 on May 28, 2019, up to the above B’s C C physical card from the residence of the Namdong-gu Incheon Metropolitan City D E-B.

After that, the Defendant entered the F Bank Incheon Incheon Active branch in front of the above residence, and then withdrawn the sum of KRW 1,00,000,000 on two occasions by inserting the above physical card and inputting the password.

Therefore, even though the defendant has already been sentenced to imprisonment with prison labor for larceny at least three times, he steals another's property during the period of repeated crime.

2. On May 28, 2019, the Defendant causing property damage: (a) arbitrarily handles the victim’s mobile phone with the knowledge that C Bank sent a text message from the victim’s cell phone to the victim’s cell phone with regard to the fact of withdrawal of KRW 1 million in cash related to paragraph (1) at around 08:00 on May 28, 201.

arrow