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(영문) 서울서부지방법원 2015.05.06 2014고단2615
상습특수절도등
Text

The defendant shall be punished by imprisonment with prison labor for the crime of embezzlement and the crime of violating the Electronic Financial Transactions Act, and shall be punished by habitual special larceny.

Reasons

Punishment of the crime

【Criminal Power】 On October 27, 2003, the Defendant was sentenced to imprisonment with prison labor for one year and six months and fines for 100,000 won and two years of suspension of execution in Seoul Southern District Court, and was sentenced to imprisonment with prison labor for larceny, etc. on August 17, 2005 by the Seoul Northern District Court on August 17, 2005; on December 1, 2009, the Seoul Southern District Court sentenced to a fine of 5 million won for larceny, etc.; on January 24, 2013, the Defendant was sentenced to a fine of 1 million won at the Seoul Southern District Court on May 24, 2013; on May 24, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and for two years of suspension of execution, which became final and conclusive on November 15, 2013.

【Criminal Facts】 2014 Highest 2615】

1. The Defendant habitually commits a special larceny;

A. On September 7, 2014, at around 20:00, the victim C’s house located on the first floor of Mapo-gu Seoul Mapo-gu Seoul (D) was intruded into the house after inserting the corrective device, thereby bringing about KRW 400,000,000,000 in cash owned by the victim, including one national bank physical card, one new bank physical card, one resident registration certificate, etc., and one DNA 90,000,000,000 won in market value;

(b) The same month;

8. At around 21:00, the victim-owned company opened a gate that was not corrected in the same place and intruded into the victim C's residence, and brought one computer with a total market value of at least one million won and one monitor.

C. On August 29, 2014, around 09:15, the Defendant: (a) moved the victim G to the next conference room in order to bring about one computer in an amount equivalent to KRW 600,000,000, at the F3rd floor office located in E in the Gyeonggi City, in order to bring about the victim G’s locking place; (b) the Defendant was not aware of the victim’s Hah, and did not commit an attempted act.

Accordingly, the defendant habitually stolen or attempted to steals another's property.

2. An attempted fraud.

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