A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On October 4, 2018, the Defendant was sentenced to a suspended sentence of four months of imprisonment for larceny at the Sungnam Branch of Suwon District Court on April 4, 2018, and the judgment became final and conclusive on the 12th of the same month, and is currently under suspended sentence.

【Criminal Facts】

1. Around January 24, 2020, the Defendant embezzled C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Bank C, which was lost on the street around Sungnam-dong, Sungnam-dong, Sungnam-gu, Sungnam-si, and returned it to the victim, without following necessary procedures.

2. On January 25, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased parcels, tobacco, etc. from the victim F at E convenience stores located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) purchased the victim B’s cream card under paragraph (1) from the victim F; and (c) paid a total of KRW 16,100 on two occasions by presenting the cream card as one’s own as one; (d) around 10:07 of the same day, the Defendant purchased items in total of KRW 37,100 from the victims four times in total, including that he purchases food from the victim H from the victim H on two occasions at the same G restaurant.

Accordingly, the defendant, by deceiving the victims, received property, and used the lost check illegally.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B, F, and H;

1. A certificate of card use, investigation report (CCTV image investigation, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to confirm criminal records, identical records, and suspended execution periods, and to report criminal investigations (report on the results of confirmation before disposition and before disposition);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen objects), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of stolen debit cards) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is limited to 37,100 won, but the defendant shall be punished by larceny since 2017.