A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

1. At around 01:00 on June 6, 2020, the Defendant stolen the victim’s 10,000 won in cash contained in the victim’s cell phone 1 and its cell phone 10,000 won in the market price of the victim’s 700,000 won in the victim’s possession, which was under the influence of alcohol, and in the case of the victim’s mobile phone 10,000 won in the victim’s cell phone 1 and 10,000 won in each of the following mobile phone 1.

2. Fraud and Specialized Credit Financial Business Act: (a) around 01:52 on June 6, 2020, the Defendant, as described in paragraph (1), presented the e-mail card of the Gwangju Bank, as if he was his card, to the victim G, a business owner, as if he was his card; (b) had purchased goods of an amount equivalent to KRW 95,400 at the market price from the victim; and (c) from that time until June 7, 2020, the Defendant used the e-mail card which was stolen on a total of 20 occasions from the victims as if he was his card, to purchase goods of KRW 2,919,750 in total from the victims or to provide services.

Accordingly, the defendant, by deceiving the victims, obtained property or property benefits, and used stolen debit cards.

3. Around 18:30 on June 8, 2020, the Defendant, who attempted to commit fraud, presented the Kakao Bank’s cream card that was stolen from “IE” located in H as indicated in paragraph (1), to the victim as if he was his card, and had the Kao Bank’s cream card been used as a settlement means on the name of the business owner, and had the victim receive one cigarette of the amount equivalent to 4,500 won at the market price, but was refused to accept payment due to a report on loss.

Accordingly, the defendant had attempted to receive property by deceiving the victim, but did not achieve his intention and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, J and G;

1. The value of a mobile phone subject to investigation reports, records of seizure, list of seizures, photographs, gold-in photographs at the time of arrest, CCTV photographs, card-use records, and investigation reports;