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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall retain other person's credit card information detected by fraud or other improper means, or make a transaction by credit cards by using it.
On December 30, 2016, the Defendant: (a) obtained a photograph of the credit card (credit card No. C) of a motor vehicle (credit card No.); (b) managed by the victim at the point of the net calendar of the victim (State) using the Defendant’s cell phone; and (c) obtained it from the Defendant’s cell phone; and (d) obtained it from the “E” located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Seoul; (b) held the said credit card information on his/her own car on December 30, 2016; (c) made the card No. 50,000 won available for the said credit card number to the employees in the name of the region; and (d) obtained pecuniary benefits equivalent to the said amount from around that time to February 1, 2017, the Defendant used a total of 13 times in total, and acquired economic benefits equivalent to the said amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of each Act and subordinate statutes on the details of credit cards;
1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, Article 347 (1) of the Criminal Act, Article 70 (1) 6 of the Act concerning financial business specializing in credit, and the choice of imprisonment, respectively;
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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] In the case where considerable damage was restored (one month to one year) in the mitigation area (one month to one year) [the person who has been specially mitigated] (the decision of sentence] prior to the same ad hoc fine and several previous convictions, but the amount of damage was discharged in full, the degree of damage was minor, and the degree of violation is against each other.