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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
【Criminal Power】 On September 9, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny in Western Branch of the Daegu District Court, and the said judgment became final and conclusive on the 17th of the same month.
【Criminal Facts】
1. On June 30, 2016, from around 18:25 to around 19:47 of the same day, the Defendant: (a) cut off 120,000 won in total at the market price of KRW 50,00,00,00,000 in cash, which is the victim’s possession, of a female-owned knee, and in cash; (b) from around 18:25 to around 19:47 on June 30, 201, the Defendant: (c) cut off from the train No. 1222, No. 1222; (d) the victim, who was seated in kneek; and (d) the victim’s possession of a kneek; and (e) the victim’s cash-owned 40,000 won in cash; (e) one copy of the Korean National Bank’s credit card; and (e) one copy of the Korean Agricultural Bank’s license.
2. Fraud;
가. 피고인은 2016. 6. 30. 20:35경 대구 중구 D에 있는 피해자 E 운영의 ‘F’ 제과점에서 소보루단팥빵 등 시가 합계 10,000원 상당의 빵을 구입하고 그 대금을 계산하면서 위와 같이 절취한 C 명의의 국민은행 신용카드 1장을 마치 자신이 진정한 카드 소유자인 것처럼 위 제과점 직원 G에게 제시하는 방법으로 G을 기망하여 이에 속은 피해자로 하여금 10,000원 상당의 대금을 결제하게 하고 동액 상당의 대금 지급 의무를 면하여 재산상 이익을 취득하였다.
B. On June 30, 2016, at around 21:19, the Defendant purchased new shoes equivalent to KRW 169,000 at the market price at the “I” store for the operation of the victim H in the above D, and calculated the price, the Defendant deceiving the J by means of presenting one credit card of the national bank in the name of the stolen C, as if he/she was the owner of the genuine card, and thereby, acquired property benefits by deceiving the victim by allowing him/her to settle the amount equivalent to KRW 169,000 and discharging his/her obligation to pay the amount equivalent to that amount.
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