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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 19, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on May 19, 201, and the execution of the said punishment was terminated on December 8, 2011.
1. Larceny;
A. On June 1, 2014, at around 16:20, the Defendant entered and stolen a password, which was known in advance, into the cash payment season managed by the head of the victims’ New Cooperatives, a credit card owned C, which was known to C, in the Yongsan-gu Seoul Western-ro 149, Seocho-gu, Seoul, and then withdrawn KRW 160,00 as a cash service.
B. On June 8, 2014, at around 18:08, the Defendant entered a credit card of a national bank owned by C, which was known to C, in a cash payment season managed by the head of the victim’s new cooperative association, and withdrawn and stolen KRW 3.60,000 by using the deposit withdrawal function.
2. The Defendant violated the Credit Specialized Credit Financing Business Act, at each time and place of the above paragraph (1), unlawfully used C-owned credit cards that deviate from C’s possession by the foregoing method.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. The photograph of the suspect who withdraws money from ATM, a copy of the bankbook of transactions, and the victim's credit card photograph;
1. Previous convictions indicated in the judgment: Application of the results of the inspection of prisoners, investigation report (the repeated power and attachment of the same electricity);
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (a point of using stolen cards), and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;