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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On September 11, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court, and completed the execution of the sentence on August 19, 2016 at the astronomical Prison.
In addition, on February 3, 2017, the defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the District Court on February 3, 201, and the judgment became final and conclusive on February 11, 2017.
[Criminal facts]
1. On September 1, 2016, the Defendant, at around 04:10 on September 1, 2016, found one credit card from the IBK Enterprise Bank, the victim E lost, before the D convenience stores located in OBK.
Defendant 1 did not follow necessary procedures such as returning the above acquired property to the victim by means of submitting it to the police agencies close to the above, etc., and embezzled the property that he/she had, as he/she had, left the possession of the victim.
2. Violation of the Act on Financial Business Specializing in credit, and fraud;
A. On September 1, 2016, at the above D convenience store around 04:11, the Defendant purchased tobacco 1: (a) at the end of 4,500 won at the market price; (b) and (c) embezzled and possessed tobacco 1:
E-owned IBK Bank’s credit card to the victim F, who is an employee of the place as if the E was a legitimate holder, was presented to the victim F, who was signed and delivered by the Defendant’s signature in the signature column, and received property from the injured party using the lost credit card.
B. The Defendant, at around 04:17 on the same day, ordered H main points located in Osan-si G with the market price of KRW 2.10,00,00 and embezzled and possessed as above.
E-owned IBK Credit Card Co., Ltd. presented to the victim I, who is an employee of the same place as the lawful holder of the IBK Credit Card, and signed and delivered a sales slips to the victim and signed and delivered them in the signature column of the Defendant, thereby receiving property from the injured party using the lost credit card.
(c).