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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On November 4, 2016, the Defendant was sentenced to a suspended sentence of one year for larceny at the Changwon District Court’s branch for a period of six months. On November 12, 2016, the said judgment became final and conclusive.
1. The Defendant, at around 16:30 on September 8, 2016, in Samsung Heavy Industries Co., Ltd., Ltd., which was suffering from 22,200 won within the victim C’s work clothes storage room located in Samsung Heavy Industries Co., Ltd., Ltd., Ltd., Ltd., which was located in around 3:80 on September 8, 2016, the Defendant came back with Gap, who was half of the market value equivalent to KRW 30,00 in the victim’s market value, including a gift certificate (D), cash gift certificate, a traditional market of KRW 83,00,000, identification card, credit card, etc.
In other words, they stolen them.
2. On September 8, 2016, at around 20:02, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) provided that the Defendant, as described in the foregoing paragraph 1, presented the Samsung F&T card of the victim F, which was stolen, to the employees of the above gas station, to pay KRW 32,00,000, from that time, he/she had the Defendant purchase goods, etc. over eight times in total, as indicated in the list of crimes in the attached Table, and presented the stolen credit card to pay the amount.
Accordingly, the Defendant used the stolen credit cards on eight occasions as above, and acquired a total of 222,200 won by deceiving the staff of the gas station.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of victims;
1. Details of unlawful use of credit cards;
1. Each report on investigation;
1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes to inquiries and investigation reports;
1. Relevant laws concerning facts constituting an offense, Articles 329 (Aggravated Punishment), 347 (1) (a) of the Criminal Act, Article 70 (1) 3 of the Act on Business Specializing in Credit, and the choice of imprisonment, respectively;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the same Act (the inter-party to larceny of the first head as stated in the judgment becomes final and conclusive and each of the crimes of this case);
1. The aggravated Criminal Act for concurrent crimes.