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(영문) 서울동부지방법원 2016.09.21 2016고단2368
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On July 14, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on July 22, 2016, and the said judgment became final and conclusive.

[Criminal facts]

1. On December 21, 2008, the Defendant: (a) on December 21, 2008, 02:00, 2,02: (b) on board a taxi with a numberless taxi operated by a person who has caused damage to his/her name; and (c) as if C was under the influence of alcohol, 2,520 won of taxi fares by presenting the stolen national card (D) from the one who was diving to the other, as if C had been

Accordingly, the Defendant, by deceiving the victim as above, was provided with taxi transport services worth KRW 2,520 from the victim.

In addition, from that time until 09:47 of the same day, the Defendant was provided with services and property equivalent to KRW 961,820 in total by deceiving four victims, etc. in the same manner, such as written in the list of crimes in attached Form four times in total.

2. On March 17, 2016, from around 01:15 to around 01:41, the Defendant: (a) reached “G” operated by the Victim F in Seongdong-gu Seoul, Seongdong-gu; (b) thereby, the Defendant left the rest of the victim’s leaving the rest of the victim into an inorganic tool; and (c) carried 3,000,000 won in cash, which is owned by the victim in that location; and (d) carried 15,000,000 in tobacco as a horse bulletin of the amount of KRW 675,00 in the market price.

Accordingly, the defendant stolen the victim's property equivalent to the total market value of 3,675,00 won by destroying and impairing part of a structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and C;

1. Results of using national cards;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

1. Relevant legal provisions of the Criminal Act and Articles 331(1) and 347(1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment with labor concerning fraud);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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