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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant: (a) on May 11, 2016, at the third floor of the “Curel in Thai City B” on the third floor of 15:00, the Defendant: (b) opened the above clothes in which the victim D, who is an employee of the said apartment, and the victim E, did not correct it by inserting their respective fingers in the clothes inside the said corridor to clean the telecom; (c) opened one 1,00 won in cash, six 10,00 won in the market price, and one son’s hand room in the new card, and one son’s hand room in the market price, five 10,000 won in cash, five 1,000 won in cash, five 1,000 won in Samsung Card, Samsung Card, one 1,000 won in Samsung Card, and one son’s hand room in which the victim had the head of the Mat Card card.
They brought to Korea.
Accordingly, the defendant stolen the property owned by the victims.
2. Violation of the Act on the Financial Business Specializing in Credit, and the fraud defendant, around 15:53 on May 11, 2016, settled by the card under the above I’s name, “A person who is a victim G in Thai City F,” which was operated by the victim G in Thai City, as described in the above paragraph (1). However, even if he had the intent to settle the price by using a new card under the name that is the husband of D, the defendant would have paid the price directly, and the defendant would have paid it by the card under the above I’s name.”
Accordingly, the defendant deceivings the victim and acquired the pecuniary benefits equivalent to 1.3 million won from the victim, and used the stolen credit card.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to E and D;
1. Each protocol of seizure by the police;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the point of use of stolen credit cards), and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 62-2 of the Criminal Act is based on the observation of protection and community service order.