A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On April 22, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the District Court of Jung-gu, which became final and conclusive on April 30, 2015.

[Criminal Facts]

1. On March 15, 2014, the Defendant: (a) in the victim’s wall wall that was kept in the victim’s room located in the victim E, an employee, who was in his/her custody in the victim’s room by taking advantage of the gaps in which surveillance of the victim E, who is an employee, at the “D” store located in the Dong-gu, Seoyang-gu, Mangyeong-si and the third floor on March 15, 2014, thief’s th

They go back.

Accordingly, the defendant stolen a national physical fitness card owned by the victim.

2. On March 15, 2014, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 21:38, 2014, the Defendant presented the stolen national physical card to female employees, whose name is not known at the “I” store for the operation of the victim H, located in Yongsan-gu G G B 117/118 Dong-gu, Yongsan-gu, Seoul, for payment, as if the Defendant’s physical card was the Defendant’s physical card; and (b) from female employees, the Defendant was issued “2dobb Big T (17) D/Grey,” and “PL” in proportion to KRW 51,00 in total amount of the market price owned by the victim.

Accordingly, the defendant acquired the victim's property by fraud and used the stolen third party's check.

Summary of Evidence

1. Each protocol of examination of witnesses E and J;

1. Cards;

1. Kakao Stockholm;

1. Previous convictions indicated in the judgment: The application of the provision of a reply to inquiries, such as inquiries about criminal history, (A); (2014 High Court Decision 1028 High Court Decision 1028 High Court Decision 2014No 2437 decided Dec. 2, 2014; and

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, Article 347(1) of the Criminal Act, Article 70(1)3 (Unlawful Use of Credit Cards) of the Act on Specialized Credit Financial Business, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are two times prior to the instant crime.