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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On September 29, 2014, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the method of flooding, and the judgment became final and conclusive on October 7, 2014. On August 19, 2015, 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 (thief) at the cost of flooding methods, and the judgment became final and conclusive on August 20, 2015.
On May 24, 2013, the Defendant, in collusion with B on May 24, 2013, at the branch office located in the bank located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, requested that B receive cash services using one new card (credit number D) and one national card (credit number E) owned by the Defendant C, which was stolen by the Defendant, and B used the stolen credit card by receiving cash services from the cash withdrawal machine installed there, using two stolen credit cards.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocol concerning the examination of suspect B by the prosecution;
1. C’s statement;
1. Previous convictions: To inquire about data about criminal records and investigation experience, and to apply a copy of the latter concurrent judgment Acts and subordinate statutes;
1. Relevant Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Granting credits and punishment for facts constituting an offense, and Article 30 of the Criminal Act;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. It is so decided as per Disposition on the grounds of the latter part of Article 39(1) of the Exemption of Punishment Act (along with the judgment of both the instant crime and the simple concurrent crimes after Article 37 of the Criminal Act, it is difficult to pronounce a sentence heavier than the previous conviction stated in the judgment), which is more than the first sentence of Article 39(1) of the Exemption of Punishment Act (along with the judgment