[criminal history] On September 28, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Jeju District Court, which became final and conclusive on October 6, 2016. On April 20, 2017, the Defendant appealed after being sentenced to one year of imprisonment with prison labor for habitual night intrusion larceny, etc. at the Jeju District Court, which was sentenced to one year of imprisonment with prison labor at the Jeju District Court, and on July 5, 2017, the Defendant was serving a pending trial in the final appeal.

[Criminal facts] On November 19, 2016, the Defendant: (a) entered the D cafeteria located in Jeju City around 23:00, in front of the D cafeteria; and (b) stolen a copy of the E’s C Track Card of Jeju Bank.

On November 22, 2016, the Defendant purchased the goods from the H convenience store operated by the victim G in Jeju, which was located in F on November 22, 2016, and presented the stolen E’s e-mail card to the victim as if the Defendant was the Defendant’s card, and settled the price by presenting it to the victim as if the Defendant was the Defendant’s card, and the Defendant received the goods equivalent to KRW 4,100 from the damaged person’s market price from November 22, 2016 to December 6, 2016, as indicated in the list of crimes in the attached Table, and acquired the goods or services in total of KRW 1,761,040 from each victims and used the stolen debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of E, G, I, J, K, L, M, N, P, Q, R, T, U, V,W, X, Y, Z, AB, and AC;

1. Details of card use;

1. Photographs of damaged articles;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the judgment in the appellate court judgment);

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 70 (1) 3 of the Act on Special Cases of Finance Business (the use of stolen debit cards) related to the facts constituting an offense;

1. The fact that the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code is contrary to the reason for the aggravated concurrent crimes, the frequency and overall scale of the crimes, and the scale of damage.