Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Larceny;
A. On March 3, 2017, the Defendant committed the crime against the victim C at the victim C’s house located in Suwon-si, Suwon-si, Suwon-si, and the victim used a gap in the kitchen, thereby cutting down KRW 170,000 in cash owned by the victim, which was located in the room, into the kitchen.
B. The Defendant committed the crime against the victim E at the same place as around 16:00 (a) on March 7, 2017, and one copy of the corporate bank card (F) owned by the victim, which used the gap in which the victim was locked while drinking alcohol together with the victim E.
L. A. L. theft was committed.
2. On March 7, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: around 17:14, 2017, using a taxi driven by a victim’s name in front of Suwon-si G; and calculated 39 million won of taxi charges; (b) presenting the e-company bank card (F) in the name of E that stolen, such as paragraph 1-B, to the victim; and (c) settling 3,900 won as if the Defendant had the right to use the e-mail card; and (d) preparing a copy of the pre-sale sheet.
Accordingly, the Defendant used the stolen physical card, by deceiving the victim, obtained the pecuniary benefits equivalent to KRW 3,900 from the victim, and from that time until 17:26 of the same day, the Defendant used the stolen physical card with a total of 3 times, such as the list of crimes, and acquired 42,90 won in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement prepared in C, E, H, and I;
1. Investigation report (CCTV investigation);
1. On-site photographs and CCTV closure photographs;
1. Application of Acts and subordinate statutes to each receipt, card transaction statement;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, and the choice of imprisonment for each type of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Suspension of execution;