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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 30, 2010, the Defendant was sentenced to five years of imprisonment due to murder, attempted murder, etc. by the Seoul Northern District Court, and on December 23, 2014, the Defendant completed the execution of the sentence in the female address prison.
1. At around 00:50 on March 4, 2015, the Defendant: (a) laid clothes and personal belongings in the Dogs or Basium located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) cut off one victim’s landmark, including the victim’s 50,000 won in cash and the Nong Card, which were owned by the victim, and the victim E, the customer of the said Dogs or the victim E, without correcting the cres in his/her clothes; and (c) cut off the cres of the victim’s cres in other clothes and facilities.
2. On March 4, 2015, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: H “H” managed by the Victim G located in the Namdong-gu Incheon Metropolitan City F under the order from the main point of view to the payment of the price by ordering an alcoholic beverage and an an amount equivalent to KRW 500,000,00,00, such as the cost of the commission, and the payment of the price, the Defendant deceptioned the said victim by suggesting that the Defendant had a legitimate title to use the stolen card, and signed the electronic sales slip so that the said victim would receive the payment with the said credit card, and obtained pecuniary benefits equivalent to the said amount; from around 00:58 of the same day to 03:01, the Defendant used the stolen credit card for five times in total, as indicated in the attached list of crimes, and acquired pecuniary benefits equivalent to KRW 645,160,160.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A domestic approval statement of the NH Nong Card;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, and personal identification and confinement status;
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act and Article 70(1) of the Specialized Credit Financial Business Act.