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(영문) 서울서부지방법원 2015.05.27 2015재고단4
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

The seized female gold Pool System (LONGINES), one (No. 1), and

Reasons

Punishment of the crime

[criminal power] On May 22, 2012, the Defendant was sentenced to a suspended sentence of 2 years in the Seoul Central District Court on August 24, 2012 by night, intrusion upon residence, larceny, and larceny. On August 24, 2012, the Seoul Central District Court sentenced 8 months of imprisonment with prison labor and 2 million won of fine and completed the execution of imprisonment with prison labor at the Seoul Central District Court on January 29, 2013.

【Criminal Facts】

1. From July 26, 2013 to August 22, 2013, the Defendant habitually stolen property worth KRW 7,330,000,00 in total, 15 times, including the following: (a) the victim’s market price under custody, which is equivalent to KRW 500,00,00,000, in the victim’s multi-household housing parking lot in Eunpyeong-gu Seoul Metropolitan Government, by discovering and not correcting the victim’s EM car; (b) the victim’s EM car was discovered and stored through a corrected window; and (c) the victim’s acquisition of one credit card from the early police officer of July 2, 2013 to the date of August 22, 2013.

Accordingly, the defendant habitually stolen the victims' property.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On July 26, 2013, around 14:41, 2013, the Defendant purchased tobacco, coffee, etc. of KRW 10,300 in total at the market price at the H convenience point of the victim G operation in Eunpyeong-gu Seoul Metropolitan Government, and offered the credit card of D, as indicated in the attached Table No. 3, as if the Defendant was the credit card holder, and signed the sales slip.

However, the defendant did not have the intention or ability to pay the price even if he purchased the above goods without the owner or legitimate holder of the above credit card.

Accordingly, the Defendant received property by deceiving the victim, and used stolen credit cards.

B. On July 26, 2013, around 14:43, the Defendant ordered the Victim J operation of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “Defendant”) to use the air conditioning of KRW 5,000 in the market value, and then presented the said D’s new card as if the Defendant was the credit card holder of the Defendant.

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