On October 19, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. by the Incheon District Court, and the execution of the sentence was terminated on December 22, 2017. On October 18, 2018, the Daejeon District Court sentenced ten months of imprisonment with prison labor for night building intrusion larceny, and the said judgment became final and conclusive on December 28, 2018.

Criminal facts

1. At around 02:55 on August 21, 2018, the Defendant: (a) cut up the third floor of C’s third floor located in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) 1,000 won, cash 2,00 won, and E-mail card, the victim’s possession, were taken out and stolen at the third floor of C’s third floor; (c) the market price at which the victim D was set up during the locking period; and (d) 1,000 won, which is the victim’s possession.

2. On August 21, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) presented the e-mail card in the name of Jung-gu, Daejeon, Daejeon, as described in paragraph (1), to the victim H; (b) made the payment as if the e-mail card was a lawful holder of the above e-mail card; and (c) received from the victim a tobacco amounting to 4,500 won at the market price.

Accordingly, the Defendant, by deceiving the above victim, received the property, and used the stolen credit card.

3. On August 21, 2018, the Defendant attempted to settle KRW 6,00 of taxi expense by presenting 6,000 to a legitimate holder of the E body card that was stolen under the name of the victim, as described in the foregoing paragraph (1), but was not in an attempted attempt due to refusal of approval due to lack of balance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Details of settlement and refusal of approval of suspect theft cards;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition, report on results of confirmation, and Defendant’s statutory statement);

1. Relevant Article 329 of the Criminal Act and Article 347 of the Criminal Act concerning criminal facts, the choice of punishment (a thief and choice of imprisonment).