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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
On September 7, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on September 7, 2017 and completed the execution of the sentence on June 13, 2018.
Criminal facts
1. At around September 15, 2018, the Defendant acquired three credit cards, such as the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government Schanpo Station platform events, and three credit cards, such as the three cards lost by the victim B (credit number D) and the company entry cards.
The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.
2. On September 24, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased at the convenience store for the “G” of the victim F operation in Guro-gu Seoul Metropolitan Government on September 18, 2018; (b) purchased tobacco equivalent to KRW 5,500 at a market price of 1 A and coffee milk; (c) presented the card obtained as described in the foregoing paragraph (1) to the victim F as if the Defendant had been granted a right to use, and (d) paid KRW 5,500 to the victim F in total at 20 times in the same manner as indicated in the attached list of crimes.
Accordingly, the defendant used a credit card lost by another person for a total of 20 times, deceiving the victims, and acquired property benefits equivalent to 68,800 won, and acquired 2,052,800 won.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Records of seizure and the list of seizure;
1. Investigation report (Evidence Nos. 9, 10, 21)
1. A detailed statement of approval of the C card;
1. Previous records of judgment: Criminal records, replys to criminal records, investigation reports (prior to and reporting on repeated crimes), the current status of acceptance by individuals, application of statutes of judgment;
1. Relevant Article 360(1) of the Criminal Act concerning facts constituting an offense, Article 360(1) of the choice of punishment (the point of embezzlement) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Specialized