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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
[criminal records] On March 29, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Western District Court, and completed the execution of the sentence on September 28, 2017 at Anyang Prison.
[Criminal facts]
1. On July 8, 2018, the Defendant embezzled the lost Samsung Card that was lost by the victim C (25 years old) at the bus stops (12-178) on a monthly scale of Eunpyeong-gu Seoul, Seoul around 04:00, and embezzled the property that he/she had on his/her own mind and has lost, without taking necessary procedures, such as returning it to the victim, and embezzled the property that he/she left the possession of the victim.
2. On July 8, 2018, around 18:42, the Defendant: (a) committed both the lawful possession of the Samsung Card in the name of the Defendant at the E convenience store located in Eunpyeong-gu Seoul Metropolitan Government, and (b) settled the above Samsung Card amounting to KRW 1,900 on the part of the victim’s name and the employees of the above convenience store in the name of the victim while purchasing the unsound coffee product; (c) on the other hand, the Defendant acquired the above Samsung Card and did not have the right to possess and use the said Samsung Card as in paragraph (1).
As a result, the Defendant received coffee equivalent to KRW 1,900 from the injured party, and acquired it by fraud, from July 15, 2018, and from that time, through C’s cards acquired such as Nos. 1 and 2 of the List of Crimes, each victim is affiliated with and was provided with the total amount of KRW 10,120,00. The Defendant attempted to use the cards acquired in the name of C, such as the cards acquired at the end of 3 to 5 times, and to obtain the economic benefits equivalent to the services, but did not have the intent to obtain the said cards, but did not have attempted to commit an attempted crime.
3. The Defendant in violation of the Act on Specialized Credit Financial Business uses C’s Samsung Card (number F) in the same manner as, at the same time and place as, the list of crimes No. 2, the same time and place as, the list of crimes No. 1 and No. 2.