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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[Criminal Power] On August 17, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court on May 21, 2009, and was sentenced to three years and six months for the same crime at the Seoul Southern District Court on May 21, 2009, and on September 12, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime and completed seven times more.
【Criminal Facts】
1. Around 23:00 on March 31, 2013, the Defendant, at the main point of “E” located in Gangnam-gu Seoul, Gangnam-gu Seoul Metropolitan Government, provided that the Defendant drinked with the “F” members of the Internet club “F” affiliated with the Defendant, and the Victim G Sheeted with a cell phone on a cell phone and diversed with a crebs in the instant mobile phone case, thereby cutting off one copy of the card owned by the victim, which was sticked to the said mobile phone case.
In addition, from December 20, 2012 to April 4, 2013, the Defendant habitually stolen the cash amounting to KRW 400,000,000 and one credit card and physical card, respectively, in total nine times from around December 20, 2012 to around April 4, 2013.
2. On April 2, 2013, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 01:31, 201, at the J convenience store operated by the victim I in Gwangjin-gu Seoul Special Metropolitan City, the Defendant did not have the intention or ability to pay the price normally even if he purchases the World Cup.
Nevertheless, the Defendant had shown the same attitude as the lawful holder of the stolen card as it entered in the preceding paragraph, and had been issued two and two drinking-waters with the market price of 5,350 won from the employees of the above convenience store in the name of the Defendant, and used the stolen credit card by settling the price with the above new card.
In addition, the Defendant used the stolen credit card or debit card from 01:00 on December 20, 2012 to 05:14 on April 2, 2013, as shown in the attached Table 2, for a total of seven occasions, and the sum from the victims.