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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On August 5, 2014, between 02:00 and 03:00, the Defendant acquired 37,000 won in cash owned by the victim C, one driver’s license, one driver’s license, one credit card per company bank, one credit card per company, and one credit card per company, and one 400,000 won in the market price.
The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On August 5, 2014, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) ordered the Victim E’s “F” operated by the Victim E in Mapo-gu Seoul Metropolitan Government to take steps, such as alcohol and alcohol equivalent to the market price of KRW 120,000; and (b) presented the Credit Card Bank’s completion as if the Defendant owned the Defendant.
However, even if we were to take place from the beginning with the order of alcohol and alcohol, it was intended for C to pay the price by a credit card of an enterprise bank lost as described in the above Paragraph 1, and therefore there was no intention or ability to pay the price.
Nevertheless, as above, the Defendant, by deceiving the victim, received an alcoholic beverage and an alcoholic beverage equivalent to KRW 120,000 at the market price from the victim, and then settled the price with the above company bank credit card from 08:09 to 08:09 on the same day, and was provided with goods equivalent to the total market price of KRW 643,100 from the victims by the above four times in total as shown in the attached crime sight Nos. 1, 7, 8, and 10 of the attached Table Nos. 1, 7, 8, and 100, and used the lost credit card and debit card, respectively.
3. The Defendant’s fraud, around August 5, 2014, at KRW 04:32, for the purpose of paying the charges after having arrived at the destination after he/she gets aboard the victim G taxi and arrived at the destination.