특정범죄가중처벌등에관한법률위반(절도)등
A defendant shall be punished by imprisonment for not less than one year and six months.
An applicant for compensation shall be dismissed.
Punishment of the crime
[criminal power] On June 25, 2010, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court for larceny; on May 18, 201, in the same court, on January 20, 201, two years after the execution of imprisonment with prison labor for larceny; on July 21, 2016, in the same court, on July 21, 201, six months after the same court was sentenced to imprisonment with prison labor for habitual larceny; on December 27, 2017, one year and six months after the same court was sentenced to imprisonment with prison labor for one year for larceny, etc.; on November 27, 2019, the execution of the sentence was terminated. < Amended by Act No. 13874, Aug. 21, 2020>
【Criminal Facts】
1. From August 24, 2020 to around 01:40 on the following day, the Defendant: (a) obtained a credit card (D) of a national bank (hereinafter “Seoul Special Metropolitan City Nowon-gu”) whose victim C was lost on the street from August 24, 202; (b) but did not take necessary measures, such as returning it to the victim; and (c) carried the Defendant thought he/she had.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On August 25, 2020, at around 13:34, 2020, the Defendant violated the Specialized Credit Financial Business Act: (a) presented the victim’s credit card (D) in the name of the National Bank of Korea (hereinafter “G”) from the first floor of the E-building in Seoul Special Metropolitan City, Nowon-gu, to the victim; (b) by deceiving the victim as if the Defendant was the legitimate licensee of the said card; (c) by deceiving the victim as if the Defendant was the legitimate licensee of the said card, the Defendant received 230,000 won of the market price from the victim; and (d) around that time, from around September 25, 2020 to September 25, 200, the Defendant attempted to obtain 1,094,100 won of the total amount from the victim on three occasions more than three occasions; and (c) by deceiving the total amount of KRW 30,00 by means of fraud.