However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

1. On October 9, 2016, the Defendants discovered the agricultural cooperative debit cards owned by the victim F, which are sticked to the cash withdrawal machine installed at the E convenience store operated by Doang-si D around 12:35 on October 12, 2016, and Defendant A deducted the said debit cards, and Defendant B deducted the debit cards from the side to make it easy for Defendant A to commit the crime.

As a result, the Defendants committed theft with one copy of the debit card owned by the victim.

2. The Defendants in violation of the Act on Financial Business Specializing in Fraud and Credit, purchased goods equivalent to the sum of KRW 142,900,000, including Bodddal app 1 Byung, etc. at the place of entry in paragraph 1, and presented one copy of the F-owned debit card as if they were their debit cards, as described in paragraph 1.

As a result, the Defendants conspired to use a stolen debit card and received goods by deceiving the victim D.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs, records of use of cards, CCTV photographs, copies of on-site CCTV photographs, and copies of sales slips;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 331(2) and 331(1) of the Criminal Act (special larceny), Articles 347(1), 30 of the Criminal Act (the point of fraud, the choice of imprisonment), Article 70(1)3 of the Act on Specialized Credit Financial Business, Article 30 of the Criminal Act (the use of stolen debit cards and the choice of imprisonment)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act (a) (a relatively minor damage to larceny and fraud, and a stolen credit card is returned to the thief and Defendant A pays damages to the thief and Defendant A pays damages to the thief.