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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On February 8, 2017, the Defendant was sentenced to eight months of imprisonment for an attempted larceny at night at the Busan District Court, and on March 23, 2018, the same court sentenced ten months of imprisonment for larceny. On August 30, 2019, the Defendant was sentenced to six months of imprisonment for larceny at the same court, and completed the execution of the sentence on November 24, 2011.
【Criminal Facts】
1. Around 03:20 on February 4, 2020, the Defendant, on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, entered a restaurant located in Busan B, as an intention to steal goods, and took them away from the victim D’s market price on which he was in a cooling house, which is equivalent to KRW 957,00,00, in the victim D’s market price, which is equivalent to KRW 957,00,00.
2. Fraud or violation of the Specialized Credit Finance Business Act;
A. At around 03:26 on the same day as Paragraph 1, the Defendant purchased six pieces of tobacco equivalent to 290,000 won at the market price at the FY store located in Busan, the Defendant presented as if he had completed a stolen credit card of the National Bank of Korea owned by the above D, as described in Paragraph 1, and received six pieces of tobacco from the above victim’s name in bad faith, and received the goods by deceiving the said victim, and used the stolen credit card.
B. At around 04:51 on the same day as Paragraph 1, the Defendant purchased 2 cigarette 90,000 won at the H convenience store located in Busan, the Defendant, as described in Paragraph 1, to an employee in distress of the victim’s name, presented the credit card of the National Bank holding the above D, which was stolen as one of his own, as described in Paragraph 1, and received two cigarettes from the victim’s explanation failure, and received the property by deceiving the victim, and used the stolen credit card.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. In-house report (suspect tracking), F convenience points ctv image ct glue photographs, F convenience points.