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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
On August 23, 2002, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes. On March 27, 2008, the Daejeon District Court was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, at the Daejeon District Court’s Branch on March 27, 2008, and on December 8, 2010, the execution of the sentence was terminated on June 26, 201. On July 17, 2014, the said judgment became final
1. From January 2, 2014, the Defendant: (a) committed a theft by having one set of slot cards (F); (b) one resident registration certificate; and (c) one copy of a driver’s license, which contain one set of cards owned by the victim E, who is a multiple business owner, located in a multi-house room; and (d) one set of cards in a multi-house room.
2. Fraud or violation of the Specialized Credit Finance Business Act;
A. On January 2, 2014, around 18:21, 201, the Defendant arrived at the vicinity of the sand-resistant market using a taxi that the victim gets on the front of the tea as stated in paragraph (1), and presented the E’s bar card that was stolen as stated in paragraph (1), and had the said victim approve KRW 5,300 of the taxi fee.
Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 5,300, and used the stolen credit card of the E.
B. On January 2, 2014, at around 18:27, the Defendant purchased two gold bars from the victim H management I located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, and presented E’s bar card that was stolen, such as paragraph (1), and had the said victim approve KRW 1,290,000 for half payment.
Accordingly, the Defendant, by deceiving the victim, acquired property benefits equivalent to KRW 1,290,000, and used the stolen credit card of the E.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A report on occurrence, each.