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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 24, 2013, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for night buildings, intrusion upon buildings, larceny, etc., and on February 1, 2013, the judgment became final and conclusive on February 1, 2013, and is still under suspended sentence.
1. On July 5, 2012, around 20:30 on July 5, 2012, the Defendant: (a) opened and opened an unlocked door at the “Diplomatic Association” office located in Pakistan; and (b) stolen the victim E-owned cash, one resident registration certificate; (c) two passbooks in agricultural cooperatives; and (d) one national body card in the victim’s motherF name.
2. Around July 5, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act, presented the stolen national physical fitness card at the Seoul Metropolitan Government Branch to an employee at a location where the name is unknown as if he was his card, and paid 7,500 won for the goods. From around that time to July 7, 2012, the Defendant took over 147,90 won in total through the same method as in the annexed crime list, and illegally used the stolen debit card.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement, etc. of E;
1. Police seizure records, etc.;
1. Financial transactions with the principal;
1. An investigation report (report on confirmation of sunset time);
1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry into criminal and investigation records records;
1. Relevant legal provisions concerning criminal facts: Article 330 of the Criminal Act (a point of night theft), Article 347 (1) of the Criminal Act (a point of fraud, choice of imprisonment), Article 70 (1) 3 of the Specialized Credit Financial Business Act (a single crime and choice of imprisonment, inclusive, with prison labor);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, at night, building with the largest punishment, and concurrent crimes with the punishment specified for larceny);
1. Article 62 (1) of the Criminal Act;
1. Probation;