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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is a person who works as the head of the office in the D entertainment tavern located in Gyeonggi-gun C, and the victim E is a single son of the above entertainment tavern.
1. Larceny;
A. At around 20:00 on February 16, 2015, the Defendant, while drinking alcohol with the victim at the 607 Gambel “Gambel” located in Gambling-si F, Gyeonggi-gu, the Defendant: (a) took the influence of alcohol; (b) took advantage of the victim’s breath and used it to use it to commit theft; and (c) took a cell phone of 200,000 won at the market price of the victim’s possession
B. At around 20:52 on the same day, the Defendant continued to have used a stolen debit card as described in paragraph 1(a), and withdrawn KRW 1,00,000 on six occasions, including a withdrawal of KRW 6,00,000,000, in total, from a cash withdrawal administered by the central branch of the victim Yangyang No. 410-16, Yangyang-gun, Yangyang-gun, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, the Defendant, as well as a withdrawal of KRW 1,00,00,000, which was known in advance.
2. Violation of the Specialized Credit Financial Business Act, and fraud;
A. At around 23:00 on the same day, the Defendant presented the debit card to the legitimate holder of the debit card, the name of the lawful holder of the debit card, as described in paragraph 1(a), at the I convenience store near H building in Jung-gu Seoul, Seoul, and paid the payment. The Defendant received tobacco, coffee, etc. equivalent to KRW 51,000 from the victim.
B. At around 23:40 on the same day, the Defendant received one trip from the victim in distress of his name in the same manner as paragraph 2(a) in the J House located in the fifth floor of the H building at around 23:40,000.
C. At around 23:40 of the same day, the Defendant was provided with 3,216,00 won gress, etc. from the victim L in the same manner as paragraph 2(a) at K precious metal shops located adjacent to the above bank.
Accordingly, the defendant uses stolen debit cards as above and, at the same time, belongs to the victims who are legitimate holders of debit cards.