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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal power] On August 31, 2012, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Southern District Court, and was sentenced to eight months of imprisonment for a crime of intrusion upon a structure at the site of the Suwon District Court on August 27, 2014, and on September 10, 2015, the Defendant was sentenced to four months of imprisonment for a crime of embezzlement of stolen possession at the Seoul Central District Court on September 25, 2015, and the execution of the sentence was terminated on September 25, 2015. On February 19, 2016, the same court was sentenced to one year and two months of imprisonment for habitual larceny and the said judgment became final and conclusive on July 18, 2016.
【Criminal Facts】
1. On November 3, 2015, at around 06:25, the Defendant, using a debit card of a national bank owned by E, which intruded and stolen the office of the third floor of the building C in Gangnam-gu Seoul, Seoul, on the same day, ordered goods at the G convenience store located in Gangnam-gu Seoul, Seoul, at around 06:56 on the same day. On the same day, the Defendant took place as if the Defendant was a legitimate holder of the debit card of a national bank in the name of E, who was an employee of the above convenience store, provided the above debit card to the victim, and signed on the signature column of the sales slip at will.
As above, the Defendant, by deceiving the victim, was provided with goods equivalent to the market value of 45,850 won from the victim and used the debit card that was stolen by the victim.
2. On November 3, 2015, around 07:05, the Defendant ordered goods at the IE located in Gangnam-gu Seoul Metropolitan Government H, and took place as if the Defendant was the lawful holder of the debit card of a national bank under the name of the E, who was an employee of the above convenience store, as seen above, and had the victim prepare the sales slip by presenting the above debit card to the victim, and then arbitrarily signed on the signature column of the sales slip.
As above, the Defendant, by deceiving the victim, was provided with goods equivalent to the market value of KRW 45,00 from the victim and used the debit card that was stolen.
Summary of Evidence
1. The defendant's oral statement;