A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On June 20, 2019, the Defendant was sentenced to one year for larceny at the Busan District Court Branch Branch of the Busan District Court, and on May 3, 2020, the execution of the sentence was terminated. On September 19, 2020, the Seoul Western District Court was sentenced to one year and two months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on the 23th of the same month.

1. On July 22, 2020, around 07:30 on July 2, 2020, the Defendant: (a) placed a hand in an open window for a flapet vehicle located in Mapo-gu Seoul Mapo-gu Seoul at CKapet; (b) placed a victim D’s driver’s license, cream card, security card, and amount of the flabed car; and (c) placed one lock containing in cash.

Accordingly, the defendant stolen another's property.

2. From around 12:32 on July 23, 2020, the Defendant violated the Act on Specialized Credit Financial Business, the Defendant settled KRW 22,00,00 by means of contact with a card terminal attached to an unmanned settlement machine as if he had legitimate right to use the stolen debit card, such as paragraph (1), at the FPC room in the operation of the victim’s non-name E-name located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the defendant acquired property benefits by inputting information without authority into a computer or any other information processing device, and used a stolen person's debit card.

3. The Defendant attempted to commit fraud, around July 23, 2020, presented a stolen debit card as stated in paragraph (1) at H convenience stores located in Mapo-gu Seoul Metropolitan Government G, as if he was his card, and subsequently attempted to deliver goods equivalent to 12,200 won from a person who suffered damage from his name in the name, but was refused to approve payment due to a loss declaration.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Domestic investigation reports and investigation reports (verification of places of use of cards, attachment of field photographs, telephone conversations of victims);

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Article 37 of the Criminal Act);