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A defendant shall be punished by imprisonment for not less than two months.
The seized No. 1 (B bank card No. 1) shall be returned to the victim C.
Reasons
Punishment of the crime
[Criminal Power] On May 27, 2020, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Incheon District Court, which became final and conclusive on June 4, 2020.
【Criminal Facts】
1. Around 00:00 on February 25, 2020, the Defendant embezzled the lost property that he/she had on his/her own think that he/she had without following necessary procedures, such as acquiring a copy of the Bbank card (F) lost by the victim C, who was far away from the floor, and returning it to the victim, in the vicinity of the “E Elementary School” located in Gyeyang-gu Incheon Metropolitan City.
2. On February 26, 2020, at the “H convenience store” located in Gyeyang-gu Incheon Metropolitan City around 01:06, the Defendant presented C’s B bank card acquired as stated in paragraph (1) to an employee who is the victim, as if he had a legitimate right to use, and used the lost credit card.
3. On February 26, 2020, the Defendant attempted to commit fraud at “H convenience store” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon. On February 13:24, 2020, the Defendant presented C’s B bank card, as stated in paragraph 1, to an employee who is the victim’s name, as if he had a legitimate right to use the card, and had the victim settle the tobacco with which the market price is unknown, and had the victim receive the goods, but failed to commit such act by filing a report on the loss of the card.
Summary of Evidence
1. A written statement prepared by the defendant in his/her legal statement C, the records of seizure of the CCTV images editing cards and electric records, and the list of seizure;
1. Previous convictions in judgment: Application of criminal history records, investigation reports (Evidence Nos. 21 of evidence list), copies of indictments to be attached, submission of reference materials (to be attached case agreement assistant) Acts and subordinate statutes;
1. Article 360(1) of the Criminal Act that applies to the crime, Article 360(1) of the choice of criminal punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act, Articles 352 and 347 of the Criminal Act