A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. A thief was a person who works as an employee at C main points located in Gyeongnam-si, Gyeongnam-si, and was stolen from C main points No. 04:30 on April 12, 2016 at C main points No. 15 on April 12, 2016 by the victim D, at the victim’s location where the victim D was locked, at the victim’s location at which the victim D was locked, one sheet of the stief card (credit card number: E) was taken off and stolen.

2. On April 12, 2016, at around 07:24, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit-based Financial Business: (a) at the time, the Defendant, as indicated in the list of crimes in the annexed sheet of annexed crimes, proposed that the Defendant make payment by presenting 1.3 million won to the victim who was stolen, as in paragraph (1), as if he had been given a legitimate right to use the stolen e-mail card, as if he had been given a legitimate right to use the e-mail card; and (b) from that time, the Defendant presented the e-mail card that was stolen on two occasions by presenting it.

Accordingly, the Defendant used the stolen physical cards twice as above, and acquired a total of 139,000 won by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A H statement;

1. A seizure record and a seizure list;

1. A report on investigation;

1. Application of the Acts and subordinate statutes on closure photographs;

1. Relevant law concerning criminal facts, Articles 329 and 347 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment under Article 70 (1) 3 of the Act concerning credit-based financial business;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court is as follows: (a) a crime (the scope of the recommended punishment) [the scope of the punishment] in the basic area (six months to one year and six months) of the types of general property (the general larceny) [the person subject to special sentencing] (the scope of the recommended punishment] in the basic area (6 months to one year and six months) (the scope of the recommended punishment] in the basic area (the scope of six months to one year and six months) (the person subject to special sentencing] in accordance with the sentencing guidelines of the Supreme Court.