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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
【The Defendant was sentenced to one year and six months from January 10, 2014 by the Seoul Northern District Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the Chuncheon Prison on February 10, 2015. On August 27, 2015, the Seoul Northern District Court sentenced the Defendant to ten months of imprisonment with prison labor for the crime of fraud, habitual larceny, and extension of credit business, and became final and conclusive on October 16, 2015.
【Criminal facts” (A) around March 21, 2015, at around 09:30, the Defendant: (a) committed a theft by a victim D (36:0) who visited the Defendant’s residence in order to inspect water purifiers and water purifiers in the Defendant’s dwelling area; (b) using one copy of the said victim’s new card (E) holding the Defendant’s cell phone located in the Defendant’s cell phone rink located in the Defendant’s dwelling area; and (c) using one copy of the said victim’s new card (E) located in the Defendant’s cell phone gate located in the Defendant’s dwelling area.
1. On March 21, 2015, at around 09:40, the Defendant purchased “H convenience store” operated by the victim G in Gangnam-gu Seoul, Gangnam-gu, Seoul, from “H convenience store,” and used a new card that was stolen by having the said I prepare the new card in the above name of 8,000 won as if the Defendant did not have the right to use the said new card, and as if the Defendant was an lawful user of the said new card, he did not have the right to use the said new card, the Defendant presented the new card in the above name that was stolen to I, an employee of the said convenience store.
The Defendant, as such, by deceiving I, received from I the above property owned by the victim G.
2. On March 25, 2015, the Defendant: (a) purchased “H convenience store” operated by the Victim G in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) did not have the right to use the said new card; (c) presented the said card to J, an employee of the said convenience store, as if the Defendant was a legitimate user of the said new card; and (d) presented the new card in the said name that was stolen to the said J, an employee of the said convenience store.