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Defendants shall be punished by imprisonment for six months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A on December 5, 2011, sentenced to 6 months of imprisonment with prison labor and 2 years of suspension of execution for special larceny in the Incheon District Court. On December 13, 2011, the above judgment became final and conclusive on December 13, 2011, and on February 21, 2012, the Incheon District Court sentenced 10 months of imprisonment with prison labor and 2 years of suspension of execution for larceny, and the above judgment became final and conclusive on February 29, 2012.
Defendant
B On December 5, 2011, the Incheon District Court sentenced 6 months of imprisonment with prison labor for special larceny and 2 years of suspension of execution, which became final and conclusive on December 13, 2011.
1. On October 9, 201, at around 02:24, 201, Defendant A’s embezzlement of stolen objects: (a) around 201, Seo-gu Incheon Seo-gu Incheon apartment 201, Defendant C acquired one credit card card of our bank, which is the victim’s possession and lost in the light transport E-si operated by Defendant C; and (b) one wall containing identification card.
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. Defendants’ fraud and violation of the Specialized Credit Financial Business Act
A. On October 9, 201, around 04:29, the Defendants conspired and used the lost credit card to obtain and pay KRW 72,000 from the Defendant’s bank credit card, which the Defendant acquired from the Defendant, using the F cab’s credit card settlement machine of the F cab operated by the Defendant.
B. On October 9, 201, the Defendants conspired to purchase goods equivalent to KRW 104,00 in Seo-gu Incheon, Seo-gu, Incheon around 05:31, and Defendant B purchased goods such as tobacco, etc., and made payment with the credit card of the Korean bank acquired as above, thereby obtaining economic benefits and using lost credit cards.
C. The Defendants conspired, around October 9, 201, and around 05:39, the Seo-gu Incheon, Seo-gu, and Defendant B purchased goods equivalent to KRW 104,000, such as tobacco.