A defendant shall be punished by imprisonment for six 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. On December 8, 2015, the Defendant: (a) returned home along with the victim D, who was the subject of the C hotel located in the north-gu C in the north-gu B at port on December 8, 2015; (b) 100,000 won in cash, which is owned by the victim; and (c) 90,000 won in the market price that includes two credit cards, etc. while under the influence of alcohol, the Defendant went home with the victim D, who was the subject of the C hotel in front of the B.

Accordingly, the defendant stolen the victim's property.

2. At around 03:58 on the same day, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) received massage services equivalent to KRW 100,000 of the market price from the “G” for the operation of the Victim F in Nam-gu E at port; (b) presented the said modern card to the said F as if he was the lawful holder of the stolen DNA card; and (c) signed the card sales slip signature, and paid the price to the said F.

Accordingly, the defendant used the stolen credit card of the above D and acquired financial benefits from the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of F’s written Acts and subordinate statutes;

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, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime even though the Defendant had three identical criminal records (including one suspended sentence).

However, the sentence as ordered shall be determined by comprehensively taking into account the fact that the victim F has repaid and agreed to pay the damage, the total amount of damage is relatively minor, the age of the victim and other various sentencing conditions.