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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[200 Highest 739]
1. On May 11, 2020, the Defendant: (a) lent a mobile phone to “C” in front of “C” and (b) used the mobile phone to “the victim D (at the age of 63 years)”; and (c) carried one E- card (F) owned by the victim located in the relevant mobile phone case.
Accordingly, the Defendant stolen the property owned by the victim.
2. On May 11, 2020, the Defendant violated the Fraud and the Specialized Credit Financial Business Act, as set forth in paragraph (1), presented the following as if he was the Defendant’s card, which was stolen from “H” located in G on May 11, 202, and purchased 2. A tobacco amounting to KRW 9,000 at the market price, as indicated in the attached list of crimes, and then, presented the above E card by the same method until May 12, 2020, and settled the goods and services worth KRW 654,170 in total over 15 times.
Accordingly, the Defendant acquired the pecuniary benefits equivalent to KRW 654,170 from the victims of the unforeseen disaster, and used the stolen credit card.
[200 Godan1366] On August 24, 2020, the Defendant used the amount of cash equivalent to 1.60,000 won in total, including 50,000 won and 160,000 won in the possession of the Victim K (the chief of South, 47 years old, and J) in the state of the receipt counter, and 50,000 won and 160,000 won and 160,000 won of the victim’s management.
Accordingly, the Defendant stolen the property owned by others.
Summary of Evidence
[200 Highest 739]
1. Defendant's legal statement;
1. One copy (20 highest 1366) of each written statement of victim E- Card, photograph of card, receipt, investigation report (where a suspect pays the victim's card, H, CCTV verification), H, and H points, and one copy (2020 highest 1366);
1. Defendant's legal statement;
1. Application of K’s on-site photographs, internal investigation reports (CCTV image verification), CCTV image storage CD-related Acts and subordinate statutes;
1. Article 329(1) of the Criminal Act, Article 329(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Specialized Credit Financial Business Act, each of the specialized Credit Financial Business Act.