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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Power of crime] On August 17, 2016, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for larceny, etc. from the Suwon Giwon, and the judgment became final and conclusive on August 25, 2016.
[Criminal facts]
1. From around 04:30 on September 5, 2017 to 05:30, the Defendant discovered that the victim D was locked from the first floor of the building located in Suwon-si Line C, Suwon-si, and that the victim D was locked from the floor under the influence of alcohol. On the back part of the victim’s back part, the Defendant taken off one cellular phone at the gallon-type ju, in an amount equivalent to KRW 30,000, market price of which consist of three credit cards owned by the victim and three heads of credit cards owned by the victim, equivalent to KRW 30,000, market price of KRW 352,000.
In addition, the total market value of KRW 382,00 was stolen.
2. Violation of Acts in financial business specializing in fraud and credit finance;
A. On September 5, 2017, at around 05:31, the Defendant settled the cost of using a computer in the “GPC room” operated by the Victim F in Suwon-si, Suwon-si, the Defendant, like paragraph 1, presented the card (H) under the stolen name of the said room to the employees, as if the Defendant had the right to use the credit card, and then settled KRW 10,000 as if he had the right to use the credit card, and drafted a chapter 1 of the credit card sales slip.
Accordingly, the defendant used stolen credit cards, and deceiving the victim, thereby acquiring pecuniary benefits equivalent to 10,000 won.
B. On September 5, 2017, at around 05:34, the Defendant purchased one tobacco at the convenience store managed by the Victim J in Suwon-si, Suwon-si, the Defendant presented a new card (H) in the name of stolen D, such as paragraph (1), to the victim, and settled KRW 7,000 as if the Defendant had the right to use the credit card, and drafted a copy of the credit card sales slip.
Accordingly, the defendant used stolen credit cards, deceiving the victim, and acquired the property amounting to 7,000 won from the victim.
Summary of Evidence
1. The Defendant’s legal statement D, J and F’s written investigation report ( card.