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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 1, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. at the Seoul Central District Court on September 1, 2004, and completed the execution of the sentence in the previous correctional institution on January 29, 2006.
1. At around 21:00 on January 25, 2009, the Defendant: (a) found C at the D cafeteria operated in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, where the Defendant works as the principal bank; and (b) stolen the victim E’s modern cards that he had been kept in the Treasury without prison labor.
2. On the 26th day of the same month, around 13:25, the Defendant, even though he did not have the right to use the said modern card that was stolen at a marina business establishment with the trade name “H” in Gangnam-gu Seoul Metropolitan Government Fund, he received 110,000 won of the said modern card and received the same amount of financial benefits.
3. At around 15:51 on the same day, the Defendant paid 160,000 won to an employee under the above Hyundai Card even though he did not have the right to use the above Hyundai Card, and received alcoholic beverages, etc. and acquired the equivalent pecuniary benefits.
4. At around 18:09 on the same day, the Defendant, even though he did not have the right to use the stolen modern card at the point of “N” in the operation of M in Gangnam-gu Seoul Metropolitan Government L, he paid 19,000 won to an employee who was unaware of such fact, and received alcoholic beverages, etc. and acquired pecuniary benefits equivalent to the same amount.
5. The Defendant used stolen credit cards over three occasions, as described in paragraphs 2 through 4.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Each police statement of E and C;
1. Report on the offender's domicile;
1. Before ruling: Criminal records and investigation reports (date of release and report on the binding of judgment) shall apply to statutes.