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 of the final judgment.

Punishment of the crime

1. From around 01:34 to 01:51 on August 4, 2018, the Defendant, along with B, stolen: (a) around the subway station located in the Dong-dong, Busan; (b) the victim C, under the influence of alcohol, followed Australia from both sides of the victim; (c) thereby cutting off one cell phone and two cards (credit number: E, and F) around the market price.

Accordingly, the defendant stolen the victim's property together with B.

2. Fraud and Specialized Credit Financial Business Act: (a) around 01:51 on August 4, 2018, the Defendant, along with B, received property worth KRW 815,000, total market value by the same method eight times in total, from that day, from the victim I, who is the representative of the above convenience store, after completing the card in the H convenience store located in Busan Dong-gu, Busan, as if the Defendant was the Defendant’s card, and presented it to the convenience store members. (b) At around 01:51, 201, the Defendant received property worth KRW 815,000,000, in total, by the same method as indicated in the list of crimes in the attached Table.

Accordingly, the Defendant conspired with B to receive property by deceiving others, and used stolen credit cards illegally.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Statement of each police statement to C and J;

1. Details of cards transactions, copies of each card sales slip, and receipts;

1. Application of the Acts and subordinate statutes to photograph by capturing each CCTV;

1. Article 331(2) and (1) of the Criminal Act related to the relevant criminal facts, Articles 347(1) and 30 of the Criminal Act, Article 70(1)3 of the Specialized Credit Finance Business Act, and Article 30 of the Criminal Act concerning the use of stolen credit cards;

1. Selection of punishment, fraud, and imprisonment with labor for a violation of the Specialized Credit Finance Business Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Jan. 1, 201);

1. Suspension of execution under Article 62(1) of the Criminal Act (Discretionary mitigation Grounds)