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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On November 17, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on April 16, 2013.
Criminal facts
On August 3, 2013, at around 23:41, the Defendant presented a credit card of the National Bank of Korea owned by E, as if the Defendant ordered the victim D, who is the owner of the foregoing business, to make payment within the “C” located in the Dong-gu Gwangju Metropolitan City.
However, the above E credit card was stolen by the defendant, and the defendant did not have the intent or ability to pay the price normally even if he was provided with alcohol and alcohol from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received alcohol and alcohol equivalent to KRW 2.90,00 in the market price from the victim, and received the stolen credit card from around that time to August 4, 2013, as indicated in the separate crime list, and used the stolen E credit card.
Summary of Evidence
1. Statement to E by the police;
1. Each statement of D, F, G, and H;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Article 347 (1) of the Criminal Act (Fraud) and Article 70 (1) 3 of the Specialized Credit Financial Business Act (illegal use of credit card) concerning facts constituting an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent offenders, for the reasons of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the punishment as ordered shall be determined within the scope of the sentencing criteria.
[Standard for Determination] - Standard for Determination - General Fraud - Basic Field 1 (less than KRW 100 million) (6 months to 1 year and 6 months) - However, as for the violation of the Specialized Credit Financial Business Act in the holding, the standard for punishment is not established, so the above minimum limit (6 months) shall be recommended.