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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 20, 201, around 13:01, the Defendant: within the “EPC room” managed by D on the third floor of the Jongno-gu Seoul Metropolitan Government building C; in order to use the PC by the victim F, who was found as a customer, paid the fee from the unmanned calculating machine installed in the place to use the PC; and then thefted with one agricultural colon card owned by the victim, who fell under the bottom of the unmanned calculating machine.
2. The defendants in violation of the Act on Finance Industry specializing in fraud using computers, etc. and credit-based financial business have stolen the same as paragraph (1) from the unmanned calculating machine managed by the victim D, which is installed at the time and place specified in paragraph (1).
In putting the No. 30,000 won in the name of F, 20,000 won in the “G” which is the above PC room of Defendant 1, and 20,000 won in the form of a stolen debit card and the input of information and data processing without authority.
3. On April 20, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the convenience point of the “J” of the victim I’s operation on the first floor of Jongno-gu Seoul H building, Jongno-gu, Seoul, for the victim to have the victim prepare a stolen debit card sales slip of KRW 45,000,000 for the Mad Skn Skn Sknb tobacco 1st, and acquired a stolen amount of KRW 45,000,000 for the purchase price of the said tobacco.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police against D;
1. A written statement;
1. Report on occurrence (Embezzlements of abandoned articles in possession, violation of the Act on Financial Business Specializing in Credit, and fraud);
1. A detailed statement of CCTV in EPC room and victim F card;
1. Application of the Act and subordinate statutes to investigation reports (Evidence List 4-7)
1. Articles 329, 347-2, and 347(1) of the Criminal Act concerning facts constituting an offense, and Article 70 of the Act on the Financial Business Specializing in Credit.