A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. At night, the Defendant was a person who had been working in D in the operation of the victim C from September 2018 to February 6, 2019 in the Busan City B market.

At around 03:50 on June 30, 2019, the Defendant opened a closed office and opened one copy of the Victim’s KB National Card in the name of the victim located in the carnet.

Accordingly, the defendant invadedd the victim's office at night and stolen the victim's property.

2. On June 30, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act calculated the credit alcohol level in the “F” ran tavern located in Busan Seo-gu, Busan, and paid KRW 1,100,000,00, by presenting the stolen name C’s KB national card to the victim G, who is the business owner of the said ran tavern, as described in the foregoing paragraph (1), as if he was a card with a legitimate right to use.

Accordingly, the defendant acquired property benefits by deceiving the victim, and used stolen credit cards.

3. On July 4, 2019, at around 01:38, the Defendant attempted to pay the said tobacco to the non-merchants of the market price by suggesting the employees of the above convenience store, who purchased tobacco 1 A at “I convenience store” located in Asan-si, Asan-si, as indicated in the foregoing paragraph (1), as if he had been a card with legitimate right to use. However, the Defendant was refused to approve the said tobacco by means of a theft and loss card.

Accordingly, the Defendant, as seen above, attempted to deceiving the victim and receive the property from the victim, but did not lead to an attempted act by refusing to approve the said card.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C and G’s police statement investigation report (as to the attachment of CDs) statute;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 (the point of larceny at night), 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment), and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment.