A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. A theft: (a) around October 21, 2017, the Defendant: (b) collected and stolen the Defendant’s debit card No. C, which was placed on the victim’s cash payment machine, from the NH branch automation Corner managed by a person who was not aware of the name on the 261st floor of the Dobong-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul; (c) around October 21, 2017.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On October 21, 2017, the Defendant purchased sports and saves in the “garment” located in the Seoul Southern-gu Seoul Metropolitan Government D market from the victim E to purchase sports and saves in the aggregate of KRW 150,000,00 from the victim E, and presented the stolen C’s debit card completion as stated in paragraph 1 as if he/she had legitimate authority, and received the above clothing.

B. On October 21, 2017, at around 17:55, the Defendant purchased ''s '' in the store located in the Dongdaemun-gu Seoul Metropolitan Government D market from the victim F to purchase 's air conditioners and rocks worth a total of KRW 100,000,000,000 from the victim F, and the Defendant paid the price by presenting the stolen C's debit card as if the Defendant had legitimate authority to complete the payment and received the above clothes.

The Defendant made a false statement to the victims two times, and received property equivalent to the total market value of KRW 250,000 from the victims and used stolen credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of domestic transactions;

1. Application of Acts and subordinate statutes to domestic investigation reports (CCTV perusal);

1. Article 329 of the Criminal Act in relation to the crime, Article 70 (1) 3 of the Act on the Financial Business Specializing in Credit, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant is not a theft if he/she left his/her debit card on his/her cash payment date. However, he/she is aware of the above debit card.