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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 2, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Central District Court on July 2, 2015, and completed the execution of the sentence at the Seoul Detention Center on October 23, 2015.
Criminal facts "2016 Highest 1082"
1. On February 27, 2016, the Defendant, at around 15:00, acquired a new card owned by the victim F, which was lost by the wife of the victim F, in front of the so-called “E” chickens located in the D market located in Dongjak-gu Seoul Metropolitan Government, Seoul.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On February 27, 2016, at the first convenience store operated by the victim H in Dongjak-gu Seoul Metropolitan Government on February 18:20, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud: (a) purchased tobacco 1 A and made a sales slip by presenting it to the victim who is aware of the fact that he had been duly entitled to use the card; (b) the Defendant received goods equivalent to KRW 4,500 from the injured party; and (c) by the same method until the 19:20 of the same day, the Defendant received goods in total amount of KRW 98,850,000 as indicated in the list of crimes.
Accordingly, the Defendant, by deceiving the victim, received property and illegally used the lost credit card.
3. On February 27, 2016, the Defendant attempted to make payment by presenting to M& who is an employee of the victim, but refused approval, at around 20:04, the Defendant intended to make payment, as if he/she purchased a new card equivalent to KRW 10,00,00,00, which he/she acquired as stated in paragraph 1, as he/she had been using a legitimate right.
"O" located in Dongjak-gu Seoul Metropolitan Government N on February 21, 2016, around 14:50 on February 21, 2016.