However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

1. The Defendant, from around 17:00 on July 22, 2020 to around 23:00 on the same day, did not take one copy of the agricultural credit card, the market price of which is not the victim’s market, within the cell phone case set up on the table by the victim D, from the “C” located in Bupyeong-si B during the period from around 17:0 on July 22, 2020

2. On July 22, 2020, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the center of “F” located in Bupyeong-si, Busan. Around July 23:44, 2020, the Defendant, as described in paragraph 1, presented the NA credit card owned by the stolen victim to the victim as if he was his card, and had been provided with food and service equivalent to KRW 100,000 from the victim. From around that time to July 23, 2020, the Defendant took property benefits worth KRW 305,100 in total five times from the four victims, such as the list of crimes.

Accordingly, the defendant, by deceiving victims, received property and used the lost credit card of others.

Summary of Evidence

1. The application of Acts and subordinate statutes to each investigation report (in relation to the scene and the victim's investigation, the suspect card user investigation, the identification of the suspect's cell phone owner, and the arrest of suspects) on the defendant's legal statement - a written statement of suspect interrogation protocol of the police suspect interrogation protocol to the defendant - a photographic report (as to the victim's statement)

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen credit cards), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The crime of violation of the Act on Specialized Credit Financial Business within the scope of the recommended sentence according to the sentencing criteria shall be referred only to the lower limit, since the sentencing criteria are not set.

▷ 기본범죄( 사기) ...