A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on April 26, 2012, and was released on September 30, 2013 during the execution of the sentence and passed on November 7, 2013.

1. At around 06:48 on March 11, 2014, the Defendant: (a) stolen the victim’s E, one ice-based credit card holding the victim’s possession, one copy of our visa card, one cash 100,000 won, containing the market price of 78,000 won.

2. On March 11, 2014, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) received liquor equivalent to KRW 140,000 from “G” operated by the Victim FF in G when light nameing on March 11, 2014; and (b) paid the liquor amount; (c) as described in paragraph (1), the Defendant presented the stolen E-line credit card to the victim as if the Defendant was the credit card holder.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 140,000 won, and used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Statement of damage from the F;

1. A detailed statement of the use of the victim card and a copy of receipt;

1. Application of the Acts and subordinate statutes governing crimes;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 70 (1) 3 of the Specialized Credit Financial Business Act concerning facts constituting an offense (a point of using stolen credit card);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act committed the larceny of this case again during the period of repeated crimes because the defendant had a record of being punished several times for habitual larceny, and this does not for one year after paroled by being sentenced thereto.