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Defendants shall be punished by imprisonment for a maximum of six months and by a short of three months.
Reasons
Punishment of the crime
[Criminal Records] Defendant A was sentenced on March 31, 2016 to imprisonment with prison labor for a maximum of three years for robbery, etc. at the Seoul Eastern District Court and on July 23, 2016, and the said judgment became final and conclusive on July 23, 2016.
Defendant
B On July 15, 2016, the Seoul High Court sentenced a maximum of three years of imprisonment with prison labor for robbery, etc., and on July 25, 2016, which became final and conclusive on July 25, 2016. On September 23, 2016, the Seoul Central District Court sentenced a maximum of three months of imprisonment with prison labor for fraud, etc. and on March 18, 2017, the said judgment became final and conclusive on March 18, 2017.
Defendant
C On March 31, 2016, the Seoul Eastern District Court sentenced a maximum of two years and six months of imprisonment for robbery, etc. at the Seoul Eastern District Court, and the above judgment was finalized on July 18, 2016. On March 10, 2017, the Seoul Central District Court sentenced a maximum of six months of imprisonment for fraud, etc. and the above judgment was finalized on March 18, 2017.
[Criminal facts]
1. Joint crimes committed by the Defendants
A. On August 24, 2015, at around 18:30 on August 24, 2015, the Defendants, who acquired stolen goods, promised I and J to give KRW 50,00 to the Defendant, knowing that the stolen goods are stolen, one driver’s license owned by the victim K, one copy of the KB national bank physical card, and one copy of the KB bank physical card, etc., which was stolen by I and J around the same day.
Accordingly, the Defendants acquired stolen goods in collusion with F.
B. On August 24, 2015, at around 21:47, the Defendants attempted to commit fraud: (a) instructed Defendant B and C to see whether he/she can use the check card in the name of K acquired as referred to in the above paragraph (a) of the above 1; and (b) Defendant A entered the above M, and presented KB bank physical card to the non-victim of the name of KB bank in order to purchase the Ma, tobacco with the Ma 4,500 Mad Slick range equivalent to the market price of KRW 4,500.
However, the fact is that the above physical card was stolen as stated in the above 1.