A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 15, 2010, the Defendant was sentenced to the suspension of the execution of imprisonment with labor for the crime of occupational embezzlement at the Changwon District Court for six months. On October 24, 2011, the Defendant sentenced ten months to imprisonment with labor for fraud, etc. in the Changwon District Court Msan Branch for the crime of occupational embezzlement, and on December 23, 2011, the said judgment became final and conclusive on December 23, 2011, the sentence of the said suspension of execution was invalidated, and the execution of the said sentence was terminated in the Yangyang Detention House on September 19,

1. From March 16, 2013, at around 03:00, the Defendant: (a) committed theft, with cash 170,000 won owned by the victim and 170,000 won in exchange cards, Samsung Card, Busan Bank Card, Hyundai Card, Nonghyup Card, Nonghyup Bank Card, and Nonghyup Cash IIC Card, each of which consist of one copy of the victim’s “Eada Bank” in Kimhae-si, Kimhae-si; and (b) stolen it.

2. Fraud and the Defendant violated the Specialized Credit Financial Business Act, even though he did not have the right to use the stolen foreign exchange card as above, at around 03:30 on the same day, he received orders from the victim for beer and beer, etc. at the “H” point of the victim G operation in Kimhae-si, Kim Jong-si, and received such orders from the victim, around 03:50 on the following day, he paid 85,000 won with the said foreign exchange card, which is a legitimate holder of the said foreign exchange card, and paid 200,000 won, such as the remainder, etc. with the said foreign exchange card, around 04:50 on the same day.

Accordingly, the Defendant acquired property benefits equivalent to 285,000 won from the victim, and used stolen credit cards twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of D or G;

1. Seizure records;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of personal identification records) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act and the choice of imprisonment, respectively;

1. The Criminal Act among repeated crimes;