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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 2, 2017, the Defendant: (a) around 04:40 on March 2, 2017, 1: (b) around C funeral ceremony No. 401 located in Busan Young-gu B, the victim D, who was a captain, had one mobile phone number, one mobile phone number, the market price of which is equivalent to KRW 850,000, and one agricultural bank debit card, which is equivalent to KRW 30,000.
Accordingly, the defendant stolen the victim's property.
2. On March 25, 2017, the Defendant violated the Act on Fraudulent and Credit Financial Business: (a) ordered an alcoholic beverage and an alcoholic beverage to pay the normal price at the “G” music shop operated by the victim FF in Busan Jung-gu, Busan, as if he would pay the normal price; and (b) presented to the victim F the payment of KRW 150,00,00 to the Agricultural Cooperative Debit Card in the name of D, such as paragraph (1), as the victim F, as if he was his card; and (c) immediately paid KRW 50,000 on the same day.
As such, the Defendant, by deceiving the Victim F and receiving an alcoholic beverage and a share equivalent to KRW 150,00 at the market price from the Victim F. On March 2, 2017, the Defendant paid KRW 203,900,00 in total by presenting the debit card to the victims three times in the following manner: (a) as indicated in the list of crimes in attached Form No. 2017, Mar. 2, 2017.
Accordingly, the defendant, by deceiving victims, received property or property benefits, and used stolen debit cards.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to D, H and F;
1. Reports on internal investigation (for illegal use of the victim card), detailed inquiries about the details of approval, internal investigation reports (for the attachment of the suspected victim's identity), internal investigation reports (for the victim), internal investigation reports (for the other party), each CCTV image photograph, investigation reports (for the victim's photograph worn at the time of committing the crime), and photographs of the suspect;
1. Application of Acts and subordinate statutes to the records of seizure (voluntary submission), list of seizure, and photograph of seized articles;
1. Article 329 of the Criminal Act, Article 327(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 70 of the Act on Financial Business Specializing in Credit.