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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 6, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for fraud in the Southern Branch of the Gwangju District Court, and completed the execution of the sentence in the Southern Branch on July 23, 2017.
1. A thief: (a) around 13:00 on May 8, 2019, at “C” main points located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) brought about a copy of the victim D’s credit card (Mo M3) owned by the victim, located on the table table. A thief was stolen; (c) violation of the Act on Finance and Economy Specializing in Fraud and Credit.
A. On May 8, 2019, the Defendant: (a) around 13:53 on May 8, 2019, presented a stolen credit card to the victim under the name of the taxi driver as described in paragraph (1) as if he/she had a legitimate right to use the same; (b) obtained property benefits equivalent to the same amount; and used the credit card lost by another person.
B. On May 8, 2019, the Defendant: (a) around 14:04, around May 8, 2019, at the main point of “G” located in Songpa-gu Seoul, Songpa-gu, Seoul around May 8, 2019, the Defendant settled the amount of KRW 160,000 by presenting the new credit card completion of the stolen name D, as described in paragraph (1), to the victim without his name, as if he had legitimate right to use; (b) obtained economic benefits equivalent to the same amount; and (c) used the credit card lost by another person.
3. On May 8, 2019, the Defendant attempted to commit fraud: (a) around 14:47, and around 2-B; (b) at the place indicated in paragraph (1); (b) presented the victim without name as if he had been given a legitimate right to use the stolen DNA credit card under the name of the victim as stated in paragraph (1); (b) but (c) did not commit an attempted act because a report on the loss of the card was not made.
Summary of Evidence
1. Statement by the defendant in court;
1. Police statements prepared in connection with D;
1. Each internal investigation report (to hear statements from victims, etc. and to verify card users);
1. Data to output text messages stating the use of cards;
1. Previouss before ruling: A written reply to inquiries, such as criminal history (A), investigation reports (prior convictions for repeated crimes), and