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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[criminal power] On December 21, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Specialized Credit Financial Business Act at the Busan District Court, etc. on October 20, 2017, and completed the execution of the sentence at the port prison on October 20, 2017. On February 22, 2019, the Defendant was sentenced to imprisonment with labor for a year and six months for a violation of the Specialized Credit Financial Business Act at the Busan District Court Seo branch, and the judgment became final and conclusive on June 22, 2019.
【Criminal Facts】
1. On December 18, 2018, the Defendant, on the front side of the “C hospital” located in the Busan Seo-gu, Busan, the Defendant: (a) obtained one Samsung Card (F) under the name of the victim D, but did not take necessary procedures, such as returning it to the victim; and (b) embezzled it on his/her own idea without taking necessary procedures.
2. Fraud and violation of the Specialized Credit Finance Business Act;
A. On December 6, 2018, around 18:39, the Defendant purchased 1st cigarette of the “Banandot” tobacco from the “HEt” in the “HEt” operation of the victim’s name in Yagu, Busan, and subsequently, took place as if the Defendant had a legitimate right to use the Samsung Card acquired as above, the Defendant presented the said credit card and settled the amount of KRW 4,800, thereby illegally using the credit card acquired by receiving property equivalent to the same amount from the victim.
B. At around 18:45 on December 6, 2018, the Defendant issued an order to operate the victim’s name under the victim’s name in Busan Seo-gu, Busan Seo-gu, as if the Defendant had a legitimate right to use the Samsung-gu’s Samsung Card, and instead used the credit card acquired upon receipt of property equivalent to the same amount by presenting the said credit card and settling the payment of KRW 185,000 with the alcohol value of KRW 185,00.
C. On December 6, 2018, around 18:50 on December 6, 2018, the Defendant purchased 200 of the “L” tobacco in the victim’s name in Y, which is located in Y, from the “L” convenience store in Y, and on the Samsung Card that the Defendant acquired, as in paragraph (1).