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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 11, 2019, the Defendant: (a) while getting out of a taxi operated by the winners of name in the street near the Seocho-gu Seoul Metropolitan Government B Building; (b) the victim C obtained a 780,000 won mobile phone number per the victim’s market price owned by the said taxi; and (c) carried out a mobile phone number with one card, one card, and one E card, and returned it to the victim without following necessary procedures.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. Fraud and violation of the Specialized Credit Finance Business Act;
A. On May 11, 2019, at around 05:21, the Defendant presented the Victim G’s “H convenience store” located in Songpa-gu Seoul Metropolitan Government F, as indicated in the above paragraph (1), to the victim as if he were the Defendant’s card, and subsequently purchased tobacco equivalent to KRW 9,000 in total amount of KRW 9,00, and subsequently wrongfully exercised the credit card under the other party’s name.
B. On May 11, 2019, around 06:11, the Defendant: (a) presented to the victim as if he was the Defendant’s card, and received alcoholic beverages and entertainment services equivalent to the total market price of KRW 400,000, and (b) obtained property benefits equivalent to KRW 1,596,000 by using the credit card in the name of Nonparty C in the same manner as written in the attached crime list; and (c) exercised the credit card in another person’s name unlawfully.
3. On May 11, 2019, the Defendant attempted to take advantage of the following: (a) 10:21 on the street near Songpa-gu Seoul Metropolitan Government “L Hotel”; (b) on the O-cab car operated by the victim N around Seocho-gu, Seoul to the old road near Seocho-gu, Seoul; and (c) on the part of the Defendant, the Defendant attempted to pay KRW 9,000 of the taxi fare using the D Card in the name of C acquired, as described in the foregoing