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(영문) 서울북부지방법원 2020.08.21 2019고단5440
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On September 29, 2017, the Defendant was sentenced to a suspended sentence of two years for ten months in prison due to night, intrusion upon residence, larceny, etc. at the Seoul Northern District Court, and on April 11, 2018, the same court was sentenced to imprisonment with prison labor for two months and four months in prison with prison labor for larceny, etc. at the same court, and the said judgment became final and conclusive on April 19, 2018, and completed the execution of the said sentence on May 7, 2019.

[2019 Highest 5440]

1. A thief: (a) around 19:00 on October 29, 2019, the Defendant stolen the victim’s property with one cellular phone (S7) and one cellular phone card of the victim on his/her table while drinking alcohol together with the victim D, while drinking alcohol.

2. On October 29, 2019, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) around 20:47, the Defendant: (b) presented the Victim’s Name Disscam Card, which was stolen to the Victim’s Name Disscambed in Seoul, as one’s own view, and (c) received 3 locks of tobacco equivalent to KRW 13,500 from the victim; (b) around that time, from around 01:13 to around 01:5, the Defendant denied the Defendant’s camb card that was stolen by acquiring property or property gains equivalent to KRW 1,208,500 in total on 19 occasions, as indicated in the list of offenses.

[200 Highest 807] The Defendant is the same as the victim G.

피고인은 2020. 2. 7. 04:23경 서울 성북구 H에 있는 피해자의 주거지에서, 피해자와 함께 술을 마시다가 피해자가 잠시 자리를 비운 틈을 이용하여 그곳 침대 위에 있던 피해자 소유의 삼성 갤럭시A5 휴대전화 1대 및 휴대폰 케이스에 들어있던 신용카드 1장을 피고인의 옷 주머니에 넣어 가지고 밖으로 나가다가 이를 눈치 챈 피해자의 반환요구를 받고 이를 돌려주었다.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

[2019 Highest 5440]

1. The defendant;

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