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 became final and conclusive.

Punishment of the crime

On October 20, 2015, the Defendant was sentenced to imprisonment with prison labor for night room theft, etc. at the Changwon District Court Msan Branch on the same day, and the said judgment became final and conclusive on the same day.

1. From June 24, 2015, the Defendant: (a) around 03:30 on June 24, 2015, at night, was hospitalized in the sick room in which the victim C of the 657 large-scale Matern Hospital was hospitalized in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu; (b) opened the sick room and intruded into the sick room; and (c) cut off with one lux card (credit number: D) which was the victim’s possession in the sick room.

2. On June 24, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around the F convenience store operated by the victim under his name in Yeongdeungpo-gu Seoul Metropolitan Government on June 24, 2015; (b) when purchasing tobacco, presenting the stolen C’s credit card as if he was a legitimate licensee; (c) had the victim prepare sales slips equivalent to KRW 4,500; (d) had the victim use the stolen credit card; (e) obtained the Plaintiff Company A of tobacco amounting to KRW 4,500 at the market price by deceiving the victim; and (e) from around that time to June 26, 2015, acquired the stolen credit card amounting to KRW 30 times in total, including the list of crimes, and (e) obtained the defrauded amounting to KRW 1,062,470.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to G, H and I;

1. C’s statement;

1. A detailed statement of the use of the accident card, photograph of the scene of the crime, and report on the occurrence of the crime (Embezzlement of items abandoned in possession);

1. Previous convictions: Inquiries about criminal history, reporting on the results of confirmation of the previous convictions of the disposition, and applying Acts and subordinate statutes to investigation reports (final reporting of the relevant judgment);

1. Relevant legal provisions concerning criminal facts;

(a) Night intrusion larceny: Article 330 of the Criminal Act;

(b) Use of each stolen credit card: Article 70 (1) 3 of the Act on Financial Business Specializing in credit finance;

(c) The point of each fraud: Article 347 (1) of the Criminal Act;

1. Violation of the law in financial business specializing in the choice of punishment, and the choice of imprisonment for fraud;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes