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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant was sentenced to three years of imprisonment by the Seoul Southern District Court on October 28, 2004 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and nine times of criminal records.
【Criminal Facts】
1. Around 01:00 on March 19, 2016, the Defendant habitually stolen the victim’s C car at the Mapo-gu public parking lot located in Mapo-gu Seoul, Mapo-gu, Seoul, on behalf of the victim, and arrived at the parking lot of Seongdong-gu Seoul, at around 01:30 on the same day, and the victim arbitrarily stolen one copy of the modern credit card owned by the victim for the settlement of parking expenses.
The Defendant habitually stolen the said victim’s credit card from March 1, 2016 to August 15, 2016, and stolen the victim’s property on a total of 26 occasions, as indicated in the attached crime sight table (1).
2. On June 12, 2016, the Defendant: (a) around 22:30 on June 12, 2016, the Defendant: (b) obtained a opon 6 mobile phone of an amount equivalent to KRW 900,000,000,000 from the market value of the lost F of the victim on the road in Seocho-gu Seoul Seocho-gu Seoul, and returned the same to the victim; and
3. Fraud, attempted fraud, and breach of the Specialized Credit Financial Business Act: around 11:50 on March 19, 2016, the Defendant purchased one gold-half of the market value of KRW 185,00 at H precious metal store located in Gangseo-gu Seoul Metropolitan Government, and presented to the operator of the above store in his/her name as if he/she had been one, the price was paid by presenting the stolen modern credit card as described in paragraph (1), and received the said gold-over payment from the above operator, and then thereafter, he/she used another person’s credit card that was stolen on a total of 20 occasions from around that time to August 15, 2016, and acquired property or profit equivalent to KRW 2,654,700 from the victims, and property equivalent to KRW 2,54,000 from the victims.