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(영문) 춘천지방법원 강릉지원 2018.09.06 2018고합43
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to two years of imprisonment on February 8, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and was sentenced to three years of imprisonment on January 23, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On September 13, 2017, the Defendant was sentenced to three years of imprisonment and completed the execution of the sentence in an Ansan prison on September 13, 2017, the records of

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. On May 12, 2018, the Defendant: (a) around 19:40 on March 12, 2018, the Defendant got in the office E, a stock company operated by the victim D, thereby destroying the locking device of the entrance by using Homi; (b) intruded the said office inside the said office; and (c) placed one set of 30,000 won in cash, which is the victim’s possession; (d) one set of 150,000 won in cash, which is the victim’s possession; (e) one set of fluor in the city’s old Spanish, such as name and non-merchants; (e) one non-merchants’s telephone phone; (f) one non-merchants’s name; (f) one non-merchants’s office name; (f) one fluoric acid, including old Spain; and (f) one motor vehicle key.

B. On May 13, 2018, around 19:00, the Defendant: (a) opened a door that was parked in F in front of the “G Beautyhouse” located in the East Sea; (b) opened a new card owned by the victim; and (c) opened a new card owned by the victim; and (d) carried KRW 1, 1, 55,710 in cash.

Accordingly, even though the defendant was sentenced to imprisonment twice or more due to habitual larceny, etc. and the three years have not passed since the execution of the sentence was completed, he habitually stolen the victims' property.

2. On May 14, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) presented to the victim K operated by the victim K located in theJ at the East Sea on May 14, 2018; (b) as if the Defendant did not have the right to use a new bank credit card in the name of H that was stolen, and presented to the victim as if he had the right to use the credit card in spite of the absence of the right to use the new bank credit card in the name of H, such as paragraph (b).

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