A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On February 17, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Sungnam branch support, and completed the execution of the sentence at the Sungsung vocational training prison on December 19, 2016.

[Criminal facts]

1. On March 11, 2017, the Defendant embezzled the agricultural credit cards (D) lost by the victim C at the front point of the 129 Yanpo-si, Yanpo-si, Yanpo-si, Gwangju-si, Gwangju-si, without following necessary procedures, such as acquiring the credit cards (D) lost by the victim C, and returning them to the victim.

2. The Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) committed as if he were the lawful holder of credit cards acquired, such as the preceding paragraph, at the main point of “G” operated by the victim F in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) the Defendant presented the said credit card to the victim and received alcoholic beverages equivalent to KRW 63,000 from the injured party; and (c) from March 12, 2017 until March 12, 2017, the Defendant received property worth KRW 1,008,000 in total five times, as indicated in the list of crimes, and used the credit card lost by another person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. A detailed statement of the use of a card and a new receipt;

1. A photograph of a CCTV course;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the selection of punishment (the embezzlement of possession, the selection of imprisonment), Article 347(1) of the Criminal Act (the fraud point, the selection of imprisonment with labor), Article 70(1)3 of the Act on Specialized Financial Business (the illegal use of a card, and the selection of imprisonment with labor, inclusive);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence sentencing guidelines for crimes committed from January to June 1 to June 1 to June 1, 2, Article 38(1)2, and Article 50 of the Criminal Act, which are the basic aggravation of the classification and mitigation of the grounds for sentencing under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.