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

Punishment of the crime

[criminal records] On November 25, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence at the Port Prison on October 22, 2017.

[Criminal facts]

1. On January 22, 2018, the Defendant acquired stolen goods by receiving frying the fact that the Defendant was a stolen, even though he was aware of the loss of the victim’s Samsung Card No. 1 (AH) owned by the victim AG, which he acquired from the homeless, on the way ahead of the south side of the transmitting station in Seocheon-si, Seocheon-si, Seocheon-si, Seoul.

2. At around 05:15 on January 25, 2018, the Defendant violated the Act on Business Specializing in Fraud and Credit Financial Business: (a) purchased an article amounting to KRW 10,250,00 in total, including the reduction of both horses and saws; (b) did not have the intent or ability to normally pay the price of the article at the AK convenience store operated by the LAJ, which is operated by the LAJ of the Government, and (c) did so to the employees of the above convenience store by presenting the above card to pay KRW 10,250 as the price of the article with the above card from that time to 30:11:09 on the same day; and (d) paid KRW 241,850 with the above card more than 12 times in total, as indicated in the list of offenses.

Accordingly, the defendant deceivings the victim and acquired and lost pecuniary benefits equivalent to the amount of the above card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against AG;

1. AJ, AL, AM,N, AO, and AP written statements;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Each card slip and each CCTV photograph;

1. Details of use of text messages, pictures, or credit cards;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the same records of the suspect and confirmation of the period of repeated crime);

1. Relevant legal provisions for facts constituting an offense, Article 362(1) of the Criminal Act (the acquisition of stolens), Article 347(1) of the Criminal Act (the point of fraud), and Article 70(1)3 of the Act on Financial Business Specializing in Credit Business (the use of lost credit cards), respectively;