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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On June 29, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Incheon District Court. On March 4, 2018, the Defendant completed the execution of the sentence.
[Criminal facts]
1. Larceny;
A. On May 3, 2018, the Defendant: (a) around 17:02 on May 3, 2018, the Defendant: (b) opened a corrective driver’s seat of the CFF car parkeded in the parking lot of the FFFFE, the head of Gyeyang-gu Incheon Gyeyang-gu, 544, using a multi-purpose knife, which was previously possessed at the parking lot of the FFFE 13, 544; and (c) cut off with one set of KRW 1,20,000 in total of the market prices consisting of the victim D-owned Samsung B, and three books.
B. On May 16, 2018, the Defendant, at around 15:00 on May 16, 2018, opened a corrective driver’s seat in the E-learning Vehicle, which was parked in the 300 Spanish parking lot located in Seocheon-si, Seocheon-si, 300, using a multi-purpose knife, and stolen with cash owned by the victim F, KRW 1,075,00, No. 1 credit card of the Nonghyup Bank, one bank debit card, and one passport.
2. On May 16, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased two half of the net amount equivalent to the market price of KRW 460,000 from the “H” bank located in Seocheon-si, Seocheon-si; (b) paid the amount equivalent to the half price by presenting the stolen Nonghyup Credit Card to the victim I as the lawful holder, as in the above “1.-B”; and (c) received two half of the half price from the damaged person.
Accordingly, the Defendant, by deceiving the victim, received property, and used stolen credit cards.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of F and D;
1. All CCTV images, on-site ct photographs, and victim counseling records;
1. Investigation report (to hear statements from the victim F phone involved in the amount of damage);
1. A previous conviction in judgment: