A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[criminal record] On April 4, 2018, the Defendant was sentenced to eight months of imprisonment for embezzlement by the Seoul Northern District Court, and the above judgment became final and conclusive on April 12, 2018.

On April 13, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for embezzlement, etc. in the Goyang Branch of the District Court, and completed the execution of the above punishment at the training center for vocational education and training on October 22, 2017.

[Criminal facts]

1. On January 30, 2018, the Defendant: (a) committed theft with the victim’s Saemaul Bank’s physical card owned by the victim C, which was located at the head office of the Seocheon Central Saemaul Bank of Korea located in 485, Seocheon-si, Seocheon-si; and (b) with the victim’s Saemaul Bank’s physical card owned by the victim C, No. 5.

2. On January 30, 2018, the Defendant violated the Act on Specialized Credit Financial Business and the Act on Specialized Credit Financial Business: (a) around the river platform 9-3 times in Seocheon-ro, Seocheon-ro, Seocheon-si; (b) as indicated in paragraph (1), put in a drinking water plate with which a stolen Saemaul Treasury C’s physical card was distributed in his/her nose-day distribution; and (c) selected a drinking water number of beverages worth KRW 1,800, and then made payment by making it possible to process information on credit cards payment.

Accordingly, the Defendant used the stolen physical card as above, entered information on the cream card without authority to obtain pecuniary benefits equivalent to 1,800 won of the purchase price of drinking water, and used the stolen physical card through the same method 21 times, such as the written list of crimes in the attached Table, and acquired the pecuniary benefits equivalent to 30,000 won in total by inputting information without authority.

Summary of Evidence

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to closure CCTV images of the Saemaul Depository, the response data for warrant execution (the detailed statement of transactions of automatically entering and leaving cash), the response data for warrant execution, two copies of photographs, investigation reports (the results of execution of a warrant of seizure, and the counter investigation);

1. Article 70 (1) 3 (the use of stolen debit cards) of the Act on Special Cases concerning the relevant criminal facts, and Article 70 (1) 3 (the use of stolen debit cards) of the Act on Special Cases concerning Finance Business that specializes in selective crediting of punishment, and Article 347-2 of