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A defendant shall be punished by imprisonment for nine months.
Reasons
Punishment of the crime
[criminal records] On November 26, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in this court, and one year of imprisonment for a forced indecent act, etc. in the same court on November 3, 2017, and completed the execution of the final sentence on February 28, 2018.
[Criminal facts]
1. Around May 14, 2018, the Defendant: (a) acquired Samsung (credit) card, which was lost by the victim C in front of the Shinpo-dong, Jung-gu, Incheon, Jung-gu; (b) but did not follow necessary procedures, such as returning the said card to the victim; (c) and (d) embezzled the property that was deprived of the possession of the victims two times in total from around the above date to May 18:00 by the aforementioned method, such as No. 1 and 4, as indicated in the List of Crimes No. 1 and 4.
2. From May 14, 2018 to May 17:07, 2018, the Defendant purchased gold 1,600,000 won in the value of “E” in the operation of the victim’s name and Buddhist boxes in Jung-gu Incheon, Jung-gu, Incheon, for the purchase and settlement of the credit card acquired as shown in the annexed crime list 1, and presented it to the victim as his/her own name. From the above date to May 20, 2018, the Defendant deceiving the victims two times in total as shown in the annexed crime list No. 2 and No. 5, and used the credit card lost after being provided the victims with the total market value of KRW 1,669,240 in the market value.
3. On May 14, 2018, the Defendant attempted to purchase goods of an amount equivalent to KRW 119,100 at the market price from the G convenience store in the operation of the victim’s name and unclaimed box in Jung-gu Incheon, Jung-gu, Incheon at around 17:27, to make payment by presenting the Samsung (credit) card under the name of Samsung (credit) acquired as indicated in the annexed crime list No. 1 as his/her own name. However, the Defendant failed to make payment by failing to approve the payment because the said card was lost and reported.