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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 2, 2016, the Defendant was sentenced to six months of imprisonment for fraud in the Seosan Branch of the Daejeon District Court on July 2, 2016, and completed the execution of the sentence in the official prison on December 2, 2016.
1. On May 18, 2017, the Defendant: (a) discovered the victim F mobile phone owned by D, the husband of the victim, who was aware of the D’s operation in Seosan-si, Seosan-si; and (b) discovered the victim F’s mobile phone from D’s “E restaurant”, which was located in Seosan-si; and (c) cut off the cards (credit card number: G) which were located in the mobile phone case.
2. Violation of Acts in financial business specializing in fraud and credit;
A. On May 18, 2017, the Defendant, at the “J” convenience store in the operation of the victim I located in Seosan-si, Seosan-si on May 18, 2017, purchased tobacco 2 A, presented a stolen card under the name of F, such as what was written in paragraph 1, to the victim who was unaware of the fact as if he was his own card, and instead used the stolen credit card.
B. On May 18, 2017, the Defendant 22:17: (a) boarded a victim’s name on a taxi in the non-driving place in the Eup/Myeon located in Seosan-si, Seosan-si, and moved to the front of the Late located in Seosan-si; (b) on the part of the victim, the Defendant, as described in paragraph 1, presented a stolen card to the victim who is unaware of the fact as his/her own card, and paid 2,800 won of the taxi fee and used the stolen credit card unlawfully.
3. On May 18, 2017, the Defendant attempted to pay KRW 18,00 of the price by presenting the card in the name of F, which was stolen, as stated in paragraph (1), to the victim who was unaware of the fact, as his/her own card, even though the said new card was suspended and the said new card was not paid ultimately, the Defendant failed to commit an attempted crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of F, I, and N;
1. Simplified receipts, damage scenes, etc.;