A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of one year on October 8, 2019 to six months of imprisonment for fraud, etc. at the Cheongju District Court’s Jeju District Court Branch Branch on December 19, 2019. On December 27, 2019, the sentence of the suspended sentence was invalidated due to the final judgment on December 27, 2019, and the execution of the said sentence was completed at the Daejeon District Court on October 21, 2020.

[Criminal Facts]

1. On November 15, 2020, from around 07:00 to around 13:50, the Defendant: (a) opened a door that the victim C was parked on the street behind the Sungnam-gu Seoul Special Metropolitan City B market; and (b) cut off a new credit card owned by the victim, 1, 1, NH debit card, and 1, NH Agricultural Credit Card Co., Ltd., which was located on the rear seat of the said location.

2. On November 15, 2020, the Defendant, in violation of the Act on Financial Business Specializing in Fraud and Credit Business, proposed the NH credit card No. C owned by the Defendant, as described in paragraph (1) of the above, to purchase from his/her employee 45,000 won of tobacco equivalent to the market price, from “F” operated by the victim’s infinite E in Sung-gu, Sungnam-gu, Sungnam-gu.

The Defendant, as such, took place as if he had a legitimate possession of a credit card, by deceiving the said employee, had the said employee settle the said amount with the said credit card, received the said tobacco, including using a stolen credit card, from that time until 14:36 of the same day, provided goods equivalent to a total of KRW 217,800 on six occasions, such as the list of crimes in attached Table 14:36 of the same day, and used the stolen credit card or debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of G and H;

1. Details of card use, CCTV images, and receipts;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (referring to the same criminal records and attachment of the judgment);

1. Criminal facts;