A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On November 23, 2017, the Defendant sentenced one year and two months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 23, 2017, and completed the execution of the sentence at the Chungcheong detention center on October 20, 2018.

【Criminal Facts】

1. From March 6, 2019 to 17:22, the Defendant embezzled Samsung Credit Card Co., Ltd., the victim of which was lost, by acquiring a copy of the victim’s Samsung Credit Card, which was owned by the victim D, from March 6, 2019 to around 15:02, and without following necessary procedures, he/she did not return it to the victim.

2. The Defendant who attempted to commit fraud using computers, etc. purchased food equivalent to KRW 8,600 from F in Gangseo-gu Seoul Metropolitan Government E on the same day as indicated in paragraph (1) and intended to pay the price by inserting the above Samsung Samsung Credit Card into a unmanned seller managed by H, which is installed at the relevant place, but was rejected due to a report on loss.

As a result, the defendant entered information into a computer or any other information processing device without authority, and tried to acquire property benefits equivalent to 8,600 won, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on internal investigation (a CCTV at the site of occurrence, a card receipt settled by the person suspected of being exposed, and a search and investigation for the I employee);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of the facts of crimes during the period of repeated crimes) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 360 (1) (the embezzlement of stolen objects), 352, and 347-2 (the attempted fraud by Use of Computer, etc.) of the Criminal Act and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include a criminal defendant who has been sentenced to a fine, a suspended sentence of imprisonment, or imprisonment with prison labor.